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Patna High Court

Chandan Kumar Sah @ Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is appropriate where the petitioner has already been granted such relief by the trial court and the allegations do not demonstrate a clear risk of absconding or tampering with evidence.

Summary

The petitioner, Chandan Kumar Sah, was named in an FIR arising from a complaint alleging cruelty and dowry harassment by his wife, O.P. No.2, for a demand of Rs.5 lakh. The petitioner sought anticipatory bail, contending that the allegations were vague and that the complainant habitually files frivolous cases. The State opposed bail, arguing that the petitioner faces serious offences under multiple IPC sections and the Dowry Prohibition Act. The High Court noted that the trial court had already granted anticipatory bail in a related case with similar allegations. Considering the prior bail order and the lack of concrete evidence, the Court affirmed the grant of anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted in view of the allegations of dowry harassment and related offences under the IPC and Dowry Prohibition Act.
  • Whether the prior anticipatory bail order by the trial court suffices to justify confirming bail at the High Court.
  • Whether the nature of the alleged offences disqualifies the petitioner from obtaining anticipatory bail.

Legislation cited

Subjects

  • dowry harassment
  • anticipatory bail
  • Indian Penal Code
  • Dowry Prohibition Act
  • Criminal Procedure Code
  • non-bailable offence
  • family violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26640 of 2025
                  Arising Out of PS. Case No.-1389 Year-2023 Thana- BHAGALPUR COMPLAINT CASE
                                                    District- Bhagalpur
                 ======================================================
                 Chandan Kumar Sah @ Chandan Kumar Son of Late Mahesh Prasad Sah
                 Resident of village - Vidyapuram Colony, Pani Tanki Sikandarpur, P.S.-
                 Mojahidpur, District - Bhagalpur.
                                                                      ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Nishu Kumari Wife of Chandan Kumar Sah @ Chandan Kumar Daughter of
                  Bijay Sah, Resident of village - Vidyapuram Colony, Pani Tanki
                  Sikandarpur, P.S.- Mojahidpur, District - Bhagalpur. Presently Resident of
                  village - Ghatroad, Sultanganj, P.S.- Sultanganj, District - Bhagalpur.
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Khushi Awadh, Adv
                 For the Opposite Party/s :      Mr. Arun Kumar, APP
                 For the O.P. No. 2       :      Mr. Shambhu Saran Singh, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   05-01-2026                   Heard the parties.

                                2. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Complaint Case No.

                   1389 of 2023 registered for the offences punishable under

                   Sections 323, 341, 504, 506, 498A and 120 of the Indian Penal

                   Code and Sections 3 & 4 of the D.P. Act.

                                3. As per complaint petition the cruelty was alleged to

                   be committed upon O.P. No. 2 by petitioner and his family

                   members due to non-fulfillment of dowry as raised for cash of Rs.

                   5 lakhs.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.26640 of 2025(6) dt.05-01-2026
                                            2/3




          behalf of the petitioner that informant/O.P. No. 2 is under habit to

          lodge this type of case against petitioner just to harass petitioner

          and entire family members. In support of his submission learned

          counsel submitted that after lodging the present complaint case,

          O.P. No. 2 lodged FIR, which has been registered as Mujahidpur

          P.S. Case No. 333 of 2023 for the offence punishable under

          Sections 354, 498A, 313, 504, 506 and 34 of the IPC, where

          petitioner already granted anticipatory bail by learned Trial Court,

          itself. It is also pointed out that allegation qua raising demand of

          dowry is appearing very much general and omnibus against this

          petitioner.

                        5. Learned APP duly assisted by learned counsel for the

          informant while opposing the prayer of bail submitted that

          petitioner is the husband facing allegations of cruelty due to non-

          fulfillment of demand of dowry of Rs. 5 lakhs. It is submitted by

          learned counsel that there is no order in support of police case as

          annexed with the present bail petition.

                        6. Taking contrary to the aforesaid submission learned

          counsel submitted that all such facts already mentioned on

          affidavit, which is para no. 3 of the present bail petition.

                        7. In view of aforesaid factual submission and by taking

          note of fact as in subsequent police case which admittedly lodged
               Patna High Court CR. MISC. No.26640 of 2025(6) dt.05-01-2026
                                                           3/3




                         after three months of present complaint case, the petitioner was

                         granted anticipatory bail by learned Trial Court itself almost with

                         similar allegations, accordingly petitioner above-named, in the

                         event of his arrest or surrender before the court below within a

                         period of four weeks, is directed to be released on bail, furnishing

                         bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

                         sureties of the like amount each to the satisfaction of the learned

                         Additional Sessions Judge-XIII, Bhagalpur/concerned Court,

                         where the case is pending in connection with Complaint Case No.

                         1389 of 2023, subject to the conditions as laid down under Section

                         438(2) of the Cr.P.C/ Section 482(2) of BNSS.


                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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