Created by Fuzzy Cloud

Patna High Court

Avinash Kumar SaxenaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.22651 of 2025(4) dt.11-02-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.22651 of 2025(4) dt.11-02-2026
                                                       3/3




                     the same shall be treated as bail bond submitted for this

                     anticipatory bail.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

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