Patna High Court
Amresh Sahani @ Jeevan Sahani @ Amresh Kumar @ Jivan SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that bail should be granted to the petitioner subject to the conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Amresh Sahani, was arrested in connection with a Mahila Police Station case alleging assault on his wife in a dowry dispute, invoking several sections of the B.N.S., 2023 and the D.P. Act. The petitioner contended that the allegations were false, there was no injury report, and he had a clean antecedent, having been in custody since 25‑08‑2025. The State argued that the assault was motivated by non‑fulfilment of dowry demands. The Court, after considering the relationship between the parties, the petitioner’s clean record, the duration of custody, and the submission of the chargesheet, decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties and subject to conditions under Section 480(3) of the B.N.S.S., including presence in court and cancellation upon repeated non‑appearance.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 126(2), 115(2), 118(1), 109, 85 of the B.N.S., 2023 and Sections 3 and 4 of the D.P. Act.
- Whether the petitioner’s claim of false implication and lack of injury report warrants bail.
- Whether the petitioner’s clean antecedent and period of custody satisfy the criteria for bail under Section 480(3) of the B.N.S.S.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 85
- B.N.S.S. — s. 480(3)
- D.P. Act — s. 3, 4
Subjects
- bail
- dowry harassment
- assault
- false implication
- criminal procedure
- Section 480(3)
- B.N.S. 2023
- D.P. Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1494 of 2026
Arising Out of PS. Case No.-34 Year-2024 Thana- MAHILA PS District- East Champaran
======================================================
Amresh Sahani @ Jeevan Sahani @ Amresh Kumar @ Jivan Sahani S/O
Jitendra Sahani, Resident of village- Lalbegiya, P.S.- Chiraiya, Dist.- East
Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Manita Devi D/O Sheopujan Sahani @ Shivkumar Sahani Resident of
village- Jhitkahiya, P.S.- Lakhaura, Dist.- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsha Shashwat, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Mahila P.S. Case No. 34 of 2024 dated
28.09.2024, registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109 and 85 read with Section
3(5) of the B.N.S., 2023 and Sections 3 and 4 of D.P. Act.
3. As per the prosecution case, in the background of
matrimonial dispute, the petitioner who is the husband of the
informant assaulted her with dab causing injuries on her head.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
Patna High Court CR. MISC. No.1494 of 2026(2) dt.15-01-2026
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the present case. There is no injury report on record and it shows
the allegation of assault is false and concocted. The petitioner
never demanded any dowry nor treated the informant with
cruelty. Informant voluntarily left the association of the
petitioner and started living with her parents. Petitioner is a bus
driver and is a victim of false implication. Learned counsel next
submits that petitioner is having clean antecedent and
chargesheet has been submitted. Learned counsel lastly submits
that petitioner is in custody since 25.08.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that in the background of non-fulfillment of demand of
dowry, petitioner assaulted the informant with dab.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
relationship of the parties and the nature of allegation and
further considering the clean antecedent of the petitioner, his
period of custody and submission of chargesheet, the petitioner,
above-named, is directed to be released on bail, on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, 1st Class, Motihari, East Champaran
Patna High Court CR. MISC. No.1494 of 2026(2) dt.15-01-2026
3/3
/ concerned Court, in connection with Mahila P.S. Case No. 34
of 2024, subject to the condition laid down under Section 480(3)
of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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