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Patna High Court

Rahul Kumar Sah @ Rahul Kumar SahuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.27120 of 2026(2) dt.28-04-2026
                                            2/3




          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
               Patna High Court CR. MISC. No.27120 of 2026(2) dt.28-04-2026
                                                           3/3




                         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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