Created by Fuzzy Cloud

Patna High Court

Pankaj Kumar Sahani @ Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.