Patna High Court
Pankaj Kumar Sahani @ Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Pankaj Kumar Sahani, faced a complaint filed in 2018 alleging offences under IPC sections 323, 324, 379, 406, 498A and Sections 3 and 4 of the Dowry Prohibition Act, claiming he and his family demanded dowry and subjected the complainant to torture. The complainant, married to the petitioner in 2006, died, and her mother was made the second opposite party. The petitioner argued that the allegations were fabricated, vague, and arose after twelve years of marriage, with no specific charge against him. The court noted the lack of concrete evidence and the delay in filing the complaint, and, after hearing both sides, decided to grant anticipatory bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties and compliance with Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged dowry demand and cruelty after a long lapse of time
- Whether the allegations constitute a specific charge against the petitioner sufficient to deny bail
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 324, 379, 406, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Dowry Prohibition Act
- delay in complaint
- false allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13375 of 2025
Arising Out of PS. Case No.-1298 Year-2018 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Pankaj Kumar Sahani @ Pappu Kumar S/o- Late Shivshankar Sahani Village-
Iman Sarai Ps- Sahpur Patory Dist- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Minta Devi W/o- Late Bindeshwar Sahani Village- Bahsi Damodar Ps-
Jandaha Dist- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Sinha
For the Opposite Party/s : Mr.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 11-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 1298(c) of 2018 dated 31.05.2018
registered under Sections 323, 324, 379, 406, 498A of the I.P.C.
and Section 3/4 of the Dowry Prohibition Act.
3. As per the allegation made in the complaint the
complainant was married with the petitioner on 01.05.2006 and
after marriage, she went to her matrimonial home, where after
some days, all the accused persons started demanding Rs. 1
Lakh cash and a motorcycle and due to non fulfillment of the
demand, she was subjected to torture and cruelty by the
petitioner and other family members.
Patna High Court CR. MISC. No.13375 of 2025(6) dt.11-02-2026
2/3
4. Learned counsel for the petitioner submits as per his
instruction the complainant has already died in her parental
home as such the petitioner has made the mother of the
complainant as opposite party no. 2 in this bail application. The
marriage admittedly was solemnized in the year 2006 and after
twelve years of marriage false and fabricated allegation of
demand of dowry and torture has been levelled against the
petitioner and his entire family members. The allegation is
general and omnibus in nature and no specific allegation is
attributable to the petitioner with regard to demand of dowry
and physical and mental torture.
5. Despite service of notice, no one appears for the opposite
party no. 2.
6. Regard being had to the submission made by the parties,
taking into consideration the fact that after twelve years of
marriage there is allegation of demand of dowry and torture,
accordingly, I am inclined to grant anticipatory bail to the
petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
Patna High Court CR. MISC. No.13375 of 2025(6) dt.11-02-2026
3/3
two sureties of the like amount each to the satisfaction of SDJM
Vaishali at Hajipur in connection with Complaint Case No.
1298(C) of 2018 subject to the condition as laid down under
Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.