Patna High Court
Rahul Kumar Sah @ Rahul Kumar SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, subject to bond and surety conditions, noting the FIR delay and prior bail precedent.
Summary
The petitioner, Rahul Kumar Sah, was named in an FIR for alleged mental and physical cruelty towards his in-laws over a dowry demand of Rs.1,51,000. The FIR, filed under multiple sections of the Bihar Negotiable Substances (BNS) Act and the Dowry Prohibition (DP) Act, was lodged eight months after the alleged incident. The petitioner contended that the complainant habitually files false cases, citing a prior 498-A case in which bail was granted. The State opposed the bail application. Considering the delay in filing the FIR and the precedent of bail in the earlier case, the court granted bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS Act.
Issues considered
- Whether the delay of eight months in lodging the FIR warrants granting bail.
- Whether the allegations constitute offences warranting denial of bail.
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNS Act in granting bail.
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- bail
- dowry harassment
- FIR delay
- Section 498-A
- Criminal Procedure
- anticipatory bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27120 of 2026
Arising Out of PS. Case No.-362 Year-2024 Thana- KEWATI District- Darbhanga
======================================================
Rahul Kumar Sah @ Rahul Kumar Sahu S/O Shivnath Sah @ Shivnath Sahu
R/O vill.- Dhobgama, P.S.- Keoti, Dist.- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tulsi Kumari W/O Rahul Kumar Sah @ Rahul Kumar Sahu, D/O Bechan
Sah R/O vill.- Belwara, P.S.- Keoti, Dist.- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidyanath Prasad
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Keoti P.S. Case
No. 362 of 2024 registered for the offences punishable
under Sections 126(2), 115(2), 85, 86, 351(2) and 3(5) of
the BNS and Sections ¾ of the DP Act.
3. The allegation against the petitioner is to
commit mental and physical cruelty upon informant along
with his family members/parents due to non-fulfillment of
demand of dowry as raised for Rs. 1,51,000/- in cash and
gold for starting business.
4. It is submitted by learned counsel appearing on
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behalf of the petitioner that informant is under habit of
lodging false case, just to harrass the petitioner and his
family members. It is submitted that prior to lodging this
case another case punishable under Section 498-A of the
IPC was lodged by informant which was registered as
Darbhanga Mahila P.S. Case No. 33 of 2022, where
petitioner and his family members are on bail, subsequently
after passing sometime again informant lodged the present
case. It is submitted that with same allegation parents and
family members of petitioner were granted bail by learned
trial court, itself. It is submitted that FIR in issue was lodged
after 8 months of the occurrence i.e., for the occurrence
dated 02.02.2024, FIR was lodged on 25.10.2024.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as FIR in issue was lodged with a
delay of 8 months, coupled with the fact with the same
allegations in previous case accused being in-laws were
granted anticipatory bail by learned trial court, itself,
accordingly petitioner above-named, in the event of his
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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 CJM, Darbhanga/concerned Court, where the case is
pending in connection with Keoti P.S. Case No. 362 of 2024,
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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