Patna High Court
Sandip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond and sureties.
Summary
The petitioner, Sandip Kumar, was arrested on 26‑12‑2025 in connection with a dowry‑related torture case filed under multiple sections of the B.N.S., 2023. He is the husband of the informant and faces charges including sections 126(2), 115(2), 117(2), 109, 76, 303(2), 352, 351(2), 351(3) and 3(5). A divorce suit by mutual consent is pending before the Family Court, Vaishali. The petitioner applied for bail, arguing that the nature of the allegations and the length of his custody warranted release. The Court, after hearing counsel, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to cooperate with the trial. The judgment expressly states that no opinion on the merits of the criminal case was expressed.
Issues considered
- What considerations govern the grant of bail in a dowry‑related domestic violence case under the B.N.S., 2023?
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 76
Subjects
- bail
- dowry harassment
- domestic violence
- criminal procedure
- family law
- section 126
- section 352
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21732 of 2026
Arising Out of PS. Case No.-707 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Sandip Kumar Son of Lalbabu Singh R/o Village - Rahimapur, P.S.- Bidupur,
District - Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rupa Kumari, Advocate
For the Opposite Party : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bidupur P.S. Case No.707 of 2025 registered for the offence
under sections 126(2), 115(2), 117(2), 109, 76, 303(2), 352,
351(2), 351(3) and 3(5) of the B.N.S., 2023.
3. The petitioner is the husband of the
informant. He is alleged to have tortured his wife for demand of
dowry. The petitioner is in custody since 26.12.2025.
4. An application for divorce with mutual
consent of the parties is pending in the Court of learned
Principal Judge, Family Court, Vaishali.
5. Considering the nature of allegation as well
as the period of custody of the petitioner, this bail application is
allowed.
Patna High Court CR. MISC. No.21732 of 2026(2) dt.07-04-2026
2/2
6. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Vaishali at Hajipur /
concerned Court below, in connection with Bidupur P.S. Case
No.707 of 2025, subject to the condition that he will cooperate
in the trial and will appear personally or through his advocate on
each and every date fixed in the trial.
7. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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