Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner with specified bond and surety conditions.
Summary
Sudhir Kumar, the brother‑in‑law of an alleged dowry‑harassment victim, sought anticipatory bail fearing arrest in a case (Baghaila P.S. Case No.89 of 2024) that includes IPC offences of assault, criminal intimidation, dowry harassment and sections of the Dowry Prohibition Act. The prosecution alleges that the victim’s husband and his family assaulted her for non‑payment of dowry, and the petitioner is implicated as a family member. The petitioner contended he had no involvement, possessed a clean antecedent and was willing to cooperate with the trial, arguing that custodial interrogation was unnecessary. The State opposed the bail. The Court, after considering the nature of the allegations, the petitioner’s clean record and the circumstances, granted anticipatory bail subject to a cash bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s alleged involvement and clean antecedent justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 354(b), 498A, 504, 506
Subjects
- anticipatory bail
- dowry harassment
- Indian Penal Code
- Dowry Prohibition Act
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14517 of 2026
Arising Out of PS. Case No.-89 Year-2024 Thana- BADHAILA District- Rohtas
======================================================
Sudhir Kumar Son of Kedar Chaudhary Resident of Village - Dhawa,
Panchayat - Siyawak, P.S.- Baghaila, District - Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Anjani Kumari Daughter of Kamalkishor Patel R/o Village - Udaypur, P.S.-
Sanjholi, District - Rohtas at Sasaram.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Swati Parmar, Advocate.
For the Opposite Party/s : Mr. Rajiv Nayan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Baghaila P.S. Case No.89 of 2024 instituted under Sections
341, 323, 354(B), 504, 506, 498A & 34 of the I.P.C. and
Sections 3 & 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the marriage of
informant was solemnized with the brother of the petitioner
Sanjeev Kumar on 05.03.2023 who was in Railway service. It is
alleged that the husband of informant alongwith his family
members started assaulting and torturing due to non-fulfillment
of dowry demand and they also driven out the informant from
Patna High Court CR. MISC. No.14517 of 2026(2) dt.12-03-2026
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her matrimonial house.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that petitioner is the brother-in-law of
the informant who has no concern with the family affairs of the
informant and her husband. Learned counsel submits that
petitioner being the brother-in-law of the informant has never
misbehave or molested with her. He further submits that the
charge sheet has already been submitted in this case after
completion of investigation and there is no requirement of
custodial interrogation of the petitioner. Learned counsel
submits that petitioner has got clean antecedent and he
undertakes to cooperate in the trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties, the nature
of allegation against the petitioner as well as his clean
antecedent, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioner be released on
bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount to each to the
Patna High Court CR. MISC. No.14517 of 2026(2) dt.12-03-2026
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satisfaction of the learned S.D.J.M., Rohtas at Sasaram/
concerned Court in connection with Baghaila P.S. Case No.89 of
2024, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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