Patna High Court
Prashant Kumar SoniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Prashant Kumar Soni, was charged under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act based on a complaint by his wife, Kanchan Kumari Verma, alleging repeated torture and dowry demands. The petitioner sought anticipatory bail, arguing he has no criminal antecedent, holds a respectable bank position, and is willing to pay increased maintenance of Rs. 15,000 per month. The court noted the parties were not ready for reconciliation but considered the petitioner’s cooperation and lack of prior offences. After evaluating the circumstances, the court decided to grant anticipatory bail with stringent conditions, including sureties, regular court appearances, and non‑interference with witnesses. The order directs that the bail be effective upon arrest or surrender within four weeks, subject to a bond of Rs. 10,000 and compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 498A IPC and 4 Dowry Prohibition Act.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.
- Whether the petitioner’s payment of maintenance and clean record justify the grant of bail.
Legislation cited
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A
- Dowry Prohibition Act
- maintenance
- marital dispute
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25582 of 2025
Arising Out of PS. Case No.-606 Year-2022 Thana- BUXAR COMPLAINT CASE District-
Buxar
======================================================
Prashant Kumar Soni Son of Vijay Kant Soni @ Munna Resident of Nirala
Nagar Gadwar Road Paramanandpur Balia, Police Station - Kotwali Balia in
the district of Balia (U.P.)
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Kanchan Kumari Verma Wife of Prashant Kumar Soni Daughter of Gopal
Prasad, Resident of Main Road Tarkanala Buxar, Near P.N.B. (Main
Branch), Police Station - Buxar Town the district of Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 25-02-2026 Heard Mr. Sunil Kumar, learned counsel for the
petitioner and Mr. Rajni Kant Pandey, learned counsel
representing the informant beside Mrs. Asha Kumari, learned
APP.
2. The petitioner is apprehending his arrest in
connection with Complaint Case No. 606(C) of 2022 for the
offence under sections 498A of the Indian Penal Code and
section 4 of Dowry Prohibition Act lodged by the informant,
Kanchan Kumari Verma.
3. As per the complaint, the lady alleged that the
marriage took place in the year 2019 but she was always
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tortured for SUV car and in continuation of that, she was
regularly thrashed which followed the Complaint Case No. 678
of 2020 but as they compromised, the same was closed. Later,
they again resorted to torture and assault which led to the
present complaint case.
4. In the present case, the Court wanted the couple to
come to an amicable settlement as the petitioner is holding the
post of Branch Manager in the Bank of Baroda, Head Office,
Baroda, Gujrat.
5. Pursuant to the earlier orders, the petitioner as also
the complaint are present. This Court gave them some time to
come to terms but it seems that, for the present, they are not
ready to reconcile. However, this Court appreciates the stand of
the petitioner that he on his own submitted that presently he is
paying Rs. 12,000/- to the lady but now wants to enhance it to
Rs. 15,000/- per month which he shall be paying by 10th of
every month beginning from March 2026.
6. As recorded above, for the present, they are not
ready to continue their marital journey, expecting that they will
come to terms/reunite in future, taking into account the
aforesaid facts as also that the petitioner has no criminal
antecedent, is holding a post, sending him to jail will not serve
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any purpose and is ready to pay Rs. 15,000/- per month by 10 th
of every month beginning March 2026, in that background, this
Court is inclined to extend him the privilege of anticipatory bail
with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned SDJM, Buxar in connection with
Complaint Case No. 606(C) of 2022 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
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(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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