Patna High Court
Lalo SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.S., 2023.
Summary
Lalo Sah petitioned the Patna High Court for bail in a case registered under Sections 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, alleging dowry demands and cruelty after his marriage in 2018. He claimed innocence, stating that marital discord and his wife's mental incompatibility led her to leave the matrimonial home, after which she died of tuberculosis. The petitioner highlighted that he had cooperated with the investigation, received the benefit of Section 41A of the CrPC, and faced a maximum punishment of three years, with no prior criminal record. The State opposed the bail application. The Court, considering the privilege under Section 41A, the petitioner’s cooperation, and the relatively low maximum sentence, granted bail subject to conditions under Section 482(2) of the B.N.S.S., 2023, including a cash bond and sureties.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the alleged offences under Sections 498A IPC and Dowry Prohibition Act.
- Whether the benefit of Section 41A CrPC and the maximum punishment of three years justify bail.
- Whether the petitioner’s alleged lack of criminal antecedents and cooperation with investigation warrant bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Criminal Procedure Code — s. 41A
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- bail
- Section 498A
- dowry prohibition
- Criminal Procedure Code
- Section 41A
- Section 482
- marital discord
- cruelty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18973 of 2026
Arising Out of PS. Case No.-6 Year-2021 Thana- MAHILA THANA District- Begusarai
======================================================
Lalo Sah, son of Ram Murti Sah, Resident of village- Husainichak,
Faridnagar, P.S.- Baliya, Dist- Begusarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ravindra Kumar, Advocate
For the State : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
5 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Begusarai Mahila P.S. Case No.06 of 2021,
dated-15.02.2021 registered for the offences punishable under
Sections 498A of the Indian Penal Code & Section 3 / 4 of the
Dowry Prohibition Act.
3. As per allegation, the marriage between the
Petitioner and the Informant was solemnized in the year 2018 as
per Hindu rites and customs. However, subsequent to the
marriage, additional demand of dowry started by the Petitioner
and his family members and on account of non-fulfillment of
the same, she was subjected to cruelty by the Petitioner and
other co-accused and since 10.01.2021 she has been living at her
maike.
Patna High Court CR. MISC. No.18973 of 2026(5) dt.17-06-2026
2/3
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that in view of the mental
incompatibility between the Petitioner and his wife/informant,
matrimonial discord developed and hence, she left the
matrimonial home to live at her maike and she has died of T.B.
as reported by the police. He further submits that even charge-
sheet has been submitted against the Petitioner and co-accused
and during the investigation, the Petitioner has been given
benefit of Section 41A Cr.PC throughout and he also submits
that the maximum punishment prescribed for the alleged offence
is three years.
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 antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the privilege granted by the police
under Section 41A Cr.PC and co-operation of the Petitioner
during investigation and the maximum punishment prescribed
Patna High Court CR. MISC. No.18973 of 2026(5) dt.17-06-2026
3/3
for the alleged offence being three years, 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 Begusarai Mahila P.S. Case
No.06 of 2021, subject to the conditions as laid down under
Section 482 (2) of the B.N.S.S., 2023 and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, 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.)
Chandan/-
U T
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