Created by Fuzzy Cloud

Patna High Court

Lalo SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.