Patna High Court
Chandan Kumar Sah @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 120, 313, 323, 34, 341, 354, 498A, 504, 506
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
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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
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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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