Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs.10,000 and two sureties, subject to specified conditions.
Summary
Prince Kumar was arrested on 25 May 2024 in connection with a 2021 FIR alleging dowry demand and related offences under several sections of the Indian Penal Code, the Witchcraft (Prevention) Act and the Dowry Prohibition Act. The petitioner pleaded innocence, claiming the allegations were fabricated and that he never demanded dowry from his wife, Pinki Devi. The State opposed bail, noting the petitioner’s involvement in another pending case, but conceded that he was already on bail in that matter. The Court examined the facts, the length of custody, and the nature of the charges, and decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties and subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC, the Witchcraft (Prevention) Act and the Dowry Prohibition Act.
Legislation cited
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 323, 341, 365/34, 498A, 504
Subjects
- bail
- dowry harassment
- IPC offences
- criminal procedure
- presumption of innocence
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16619 of 2026
Arising Out of PS. Case No.-595 Year-2021 Thana- LAKHISARAI District- Lakhisarai
======================================================
Prince Kumar S/O Shankar Prasad Verma R/O Mohalla- Pachna Road,
Harizan Gali, P.S.-Kavaiya, District-Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pinki Devi W/O Prince Kumar Daughter of Shankar Prasad Gupta R/O
Mohalla- Mussalahpur Hat, Lohar Lane Mahendru, P.S- Kadamkuan, Distt.-
Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Md Shadab Alam Wazdi, Advocate
For the State : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Md Shadab Alam Wazdi, learned counsel
for the petitioner and Mr. Nand Kumar, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
25.05.2024, in connection with Lakhisarai P.S. Case No. 595 of
2021, F.I.R. dated 10.09.2021 registered for the offences
punishable under Sections 341, 323, 498A, 504, 365/34 of the
Indian Penal Code and Section ¾ Witch Practical Prevention
Act and Section ¾ of the Dowry Prohibition Act.
3. Allegation against the petitioner is of demand of
dowry and torture for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.16619 of 2026(2) dt.16-03-2026
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petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. and the petitioner
has been made accused merely on the ground that the petitioner
is husband of Opposite Party No. 2 and petitioner has never
demanded any dowry from the Opposite Party No. 2 or his
family members. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 25.05.2024.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matter.
6. Considering the facts and circumstances of the case
as well as period of custody, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Lakhisarai in
connection with Lakhisarai P.S. Case No. 595 of 2021, subject
Patna High Court CR. MISC. No.16619 of 2026(2) dt.16-03-2026
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to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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