Patna High Court
Mukesh Sah @ Mukesh Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
Mukesh Sah was arrested in a criminal case (Jhanjharpur C.R. No. 282 of 2022) for alleged cruelty under Section 498A of the IPC and Section 3 of the Dowry Prohibition Act, based on a claim that he refused to pay Rs.5 lakh demanded for starting a business. The complainant, Jyoti Devi, was alleged to have entered into a second marriage while still married to the petitioner, a fact presented through a supplementary affidavit. The petitioner’s counsel argued that the demand was for business, not dowry, and highlighted the complainant’s alleged bigamy, seeking bail. The opposing counsel opposed bail. The court, after considering the prima facie evidence of the complainant’s second marriage, granted bail to the petitioner on a bond of Rs.10,000 with two sureties, invoking Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under Section 498A IPC and Section 3 Dowry Prohibition Act.
- Whether the allegation of cruelty and dowry demand stands prima facie in view of the complainant’s alleged second marriage.
- Whether the demand for Rs.5 lakh constitutes dowry under the Dowry Prohibition Act.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- bail
- Section 498A
- Dowry Prohibition Act
- bigamy
- cruelty
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15559 of 2025
Arising Out of PS. Case No.-282 Year-2022 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
Mukesh Sah @ Mukesh Kumar Sah S/o- Raj Kumar Sah A resident of
Village- Goth Narhaiya, P.S.- Laukahi (O.P.), District-Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jyoti Devi W/o- Mukesh Sah Resident of village- Goth Narhaiya, P.S.-
Laukahi (O.P. Narhaiya0, District- Madhubani. Presently- D/o Prabhu Sah,
Resident of village- Khopa, P.S. Phulparas, District- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hriday Narayan Harshit
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 08-01-2026 Heard the parties.
2. The petitioner is named in the complaint case
and apprehending his arrest in connection with
Jhanjharpur C.R. No. 282 of 2022 registered for the
offences punishable under Sections 498A of IPC and
Section ¾ of D.P. Act.
3. The allegation against petitioner who is the
husband to commit cruelty upon the complainant due to
non-fulfillment of demand of Rs. 5 lakh as asked for
starting a business.
Patna High Court CR. MISC. No.15559 of 2025(5) dt.08-01-2026
2/3
4. It is submitted by learned counsel appearing
on behalf of the petitioner that the complainant herself
solemnized second marriage during subsistence of her
marriage with petitioner with one Uday Nrayan Singh
resident of Basbitti village, Supaul and this fact was
brought on record on affidavit. Petitioner claimed clean
antecedent. It is also pointed out that even demand was
not raised to be made as dowry rather to start business.
5. Despite of opportunity given to learned
counsel for O.P. no. 2 vide order dated 05.01.2026, he
failed to appears before this Court, where adjournment
was granted considering his request to verify the
submission as advanced aforesaid by learned counsel for
the petitioner.
6.Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by
taking note of fact as prima-facie considering the
averments of supplementary affidavit, it appears that
complainant solemnized her second marriage during
Patna High Court CR. MISC. No.15559 of 2025(5) dt.08-01-2026
3/3
subsistence of her marriage with petitioner, accordingly
petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned SDJM, Jhanjharpur, Madhubani /concerned Court,
where the case is pending in connection with Jhanjharpur
C.R. No. 282 of 2022, subject to the conditions as laid
down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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