Patna High Court
Sachin Kumar @ Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner, subject to verification of the victim's recovery and the furnishing of the prescribed bail bond and sureties.
Summary
The petitioner, Sachin Kumar, was charged under multiple sections of the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act for allegedly assaulting his wife, causing a spinal injury. He has been in custody since February 3, 2025. The petitioner contended that the case was false, claiming his wife had jumped from a terrace, later recovered, and filed the complaint. The court, after hearing counsel, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, subject to verification of the victim's medical condition. If the victim is found to have fully recovered and can walk, the bail will be finalized; otherwise, appropriate orders will follow. The court clarified that its observations are limited to the bail application and do not prejudice the trial's merits.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act.
- Whether the alleged false nature of the complaint and the victim's medical recovery affect the grant of bail.
- Whether verification of the victim's ability to walk is a condition precedent to the acceptance of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 3(5), 351(2), 352, 76, 85
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- bail
- domestic violence
- assault
- dowry prohibition
- medical verification
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22202 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- MAHILA P.S. District- Samastipur
======================================================
Sachin Kumar @ Avinash Kumar Son of Akhilesh Sahni @ Akhilesh
Chaudhary R/o Village Madhurapur Tanra, Ward no. 12, P.S. - Kalyanpur,
District - Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prema Devi W/o Ram Pukar Sahni R/o Village - Bajitpur, Ward No. 08, P.S -
Patepur, Dist. - Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Bhushan Prasad, Advocate
For the State : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Samastipur Mahila P.S. Case No. 11 of 2026 registered for the
offence punishable under Sections 126(2), 115(2), 117(2), 76,
109(1), 85, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita
and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
3. The petitioner is accused of assaulting his wife
causing spinal injury.
Patna High Court CR. MISC. No.22202 of 2026(2) dt.09-04-2026
2/3
4. The petitioner is in custody since 03.02.2025.
5. Learned counsel for the petitioner submits that the
petitioner and his wife had a love marriage but subsequently due
to dispute, she jumped from the terrace and injured herself and
after she recovered, she has filed this false case. He further
submits that the entire treatment etc. was being looked after by
the petitioner. Learned counsel further submits that the victim
has now fully recovered and she can walk on her own.
6. Considering the above, this application is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Sub-Divisional Judicial Magistrate, Samastipur/ concerned
Court in connection with Samastipur (Mahila) P.S. Case No. 11
of 2026.
8. At the time of accepting the bail bonds of the
petitioner, the Court below was verify the medical condition of
the victim-wife. If it is found that the victim has recovered and
can walk, then the bail bonds of the petitioner shall be accepted.
If it is found that the victim cannot walk then appropriate order
shall be passed.
9. It is, however, clarified that the observations made
Patna High Court CR. MISC. No.22202 of 2026(2) dt.09-04-2026
3/3
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…