Patna High Court
Shailendra Kumar @ Sailendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court held that bail may be granted in the present case subject to conditions under Section 482(2) of the Bihar Negotiable Instruments (B.N.S.S.) Act, 2023, as the petitioner has no criminal antecedent and the alleged offences carry a maximum punishment of three years.
Summary
Shailendra Kumar was implicated in Mahila P.S. Case No. 36 of 2024 for alleged dowry‑related offences under several sections of the Indian Penal Code and the Dowry Prohibition Act. He contended that the case was false, that he has no prior criminal record, and that he had not previously applied for bail. The State opposed the bail application, arguing the seriousness of the charges. The Patna High Court examined the petition, noting the maximum punishment of three years and the petitioner’s clean antecedent, and applied the provisions of Section 482(2) of the Bihar Negotiable Instruments (B.N.S.S.) Act, 2023. The Court allowed the bail petition, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and imposing conditions for cancellation if antecedents or false statements emerge.
Issues considered
- Whether the petitioner is entitled to bail pending trial for the offences alleged under the IPC and Dowry Prohibition Act.
- Whether the absence of prior criminal antecedent and the lack of an earlier bail application justify granting bail.
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 325, 328, 34, 341, 498A, 504, 511
Subjects
- bail
- dowry harassment
- Indian Penal Code
- Dowry Prohibition Act
- Section 482
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16437 of 2026
Arising Out of PS. Case No.-36 Year-2024 Thana- MAHILA P.S. District- Vaishali
======================================================
Shailendra Kumar @ Sailendra Kumar Son of Raj Kishore Prasad, R/o
Village - Haraji, P.S. - Awtar Nagar, Distt. - Saran(Chapra).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Supriya Kumari D/o Subhash Kumar, W/o Shailendra Kumar, R/o Village -
Chak Sikandar, P.S. - Bidupur, Dist. - Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachida Nand Rai, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Mahila P.S. Case No. 36 of 2024, dated
08.07.2024, registered for the offences punishable under
Sections 341, 323, 328, 325, 498A, 504, 511 read with Section
34 of the Indian Penal Code and Section ¾ of D.P. Act.
3. As per allegation, after the marriage, additional
demand of dowry started and on account of non-fulfillment of
the same, the informant was subjected to cruelty.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.16437 of 2026(2) dt.25-03-2026
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case. He further submits that the maximum punishment
prescribed for the alleged offence is three years and as a matter
of fact, on account of incompatibility of personality, the
matrimonial dispute has arisen and hence, this false case has
been filed.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned concerned Court Below, in connection with Mahila P.S.
Case No. 36 of 2024, subject to the conditions as laid down
under Section 482 (2) of the B.N.S.S., 2023 and on the
Patna High Court CR. MISC. No.16437 of 2026(2) dt.25-03-2026
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following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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