Patna High Court
Avinash Kumar SaxenaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner and confirmed the earlier provisional bail.
Summary
The petitioner, Avinash Kumar Saxena, sought anticipatory bail in a case alleging offences under Sections 498A, 354 IPC and Sections 3/4 of the Dowry Prohibition Act, filed by his wife Shobha Kumari. The FIR alleged mental and physical cruelty due to dowry demands. Both parties later claimed that they had reconciled and were living together peacefully, and a coordinate bench had already granted provisional bail. Considering the reconciliation and the fact that the parties were cohabiting, the Court was inclined to grant anticipatory bail. The application was allowed, and the earlier provisional bail was confirmed as the bail bond for the anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the pending dowry‑related charges
- Whether the reconciliation between husband and wife negates the necessity of continued custody
Legislation cited
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 354, 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- Section 354 IPC
- Dowry Prohibition Act
- reconciliation
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22651 of 2025
Arising Out of PS. Case No.-289 Year-2020 Thana- KHIJARSARAI District- Gaya
======================================================
Avinash Kumar Saxena S/o Kamlesh Prasad @ Mirtunjay Kumar Resident of
village- Basan Bigha Mathpar, PS- Khizarsarai, District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shobha Kumari W/o Avinash Kumar Saxena, D/o Ajeet Singh R/o vill -
Basan Bigha Mathpar, P.S.- Khizarsarai, Distt- Gaya. At present Vill -
Dharaut, P.S.- Barabar Tourist, O.P., Bishuganj, Distt.- Jehanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate
For the Informant : Mr. Satya Prakash, Advocate
For the Opposite Party/s : Ms. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 11-02-2026 Heard learned Counsel for the petitioner, learned
counsel for the Informant and learned Additional Public
Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Khizarsarai Police Station Case No. 289 of
2020, disclosing offences under Sections 498A, 354 and 3/4
of Dowry Prohibition Act.
3. The prosecution case, as per the First
Information Report is that the informant, who is the wife of
the petitioner, has alleged that after the marriage, she was
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subjected to mental and physical cruelty by the petitioner
and his family members on account of her failure to fulfill
their demands for dowry.
4. Learned counsel for the petitioner and learned
counsel for Opposite Party No. 2 jointly submit that, after
negotiation/mediation between the parties, cordial relations
between the petitioner and Opposite Party No. 2 have been
restored, and they are presently residing together as
husband and wife peacefully. Vide order dated 13.10.2025,
a Co-ordinate Bench of this Hon’ble Court, taking note of
the aforesaid fact, granted provisional bail to the petitioner.
Today, when the matter was taken up, learned counsel for
the parties confirmed that the husband and wife are living
together and have re-established cordial relationships.
5. Considering the submissions made by the
parties and the fact that harmony between husband and wife
has been restored, I am inclined to grant the petitioner
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. The provisional bail granted to the petitioner is
confirmed and the bail bond furnished by the petitioner for
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the same shall be treated as bail bond submitted for this
anticipatory bail.
(Anil Kumar Sinha, J)
Siwani/-
U T
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