Patna High Court
Devendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
The petitioner, Devendra Kumar, was arrested on 17 February 2026 in connection with a 2016 dowry case (Telhara P.S. Case No. 31) involving offences under Sections 498A/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act. He had earlier been granted provisional anticipatory bail on 21 July 2016, but failed to comply with its conditions and subsequently surrendered before the trial court. The petitioner argued that he has a clean criminal antecedent and that the FIR is false and fabricated. The State opposed the bail application. Considering the petitioner’s clean antecedent and the circumstances, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to specific conditions regarding cooperation with the trial, non‑tampering with evidence or witnesses, and verification of any concealed criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner despite non‑compliance with a prior anticipatory bail order
- Whether the nature of the offences (IPC 498A/34 and Dowry Prohibition Act) warrants denial of bail
- Whether the petitioner’s clean antecedent justifies bail
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 498A
Subjects
- bail
- anticipatory bail
- IPC 498A
- Dowry Prohibition Act
- criminal antecedent
- conditions of bail
- dowry case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29690 of 2026
Arising Out of PS. Case No.-31 Year-2016 Thana- TELHARA District- Nalanda
======================================================
Devendra Kumar S/o- Late Rajdeo Yadav @ Late Ramdeo Yadav Village-
Narayanpur, Police Station- Hulasganj, District- Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari @ Gudiya Devi D/o- Ramdeo Prasad R/v- Badalpur Ps-
Telhara Dist- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr.Jagdhar Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr.Ajay Mukherjee, learned counsel for the
petitioner and Mr.Jagdhar Prasad, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
17.02.2026 in connection with Telhara P.S. Case No. 31 of
2016, F.I.R. dated 01.05.2016 registered for the offence
punishable under Sections 498(A)/34 of IPC and Section 3/4 of
Dowry Prohibition Act.
3. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR.
4. Earlier the petitioner has been granted privilege of
Patna High Court CR. MISC. No.29690 of 2026(2) dt.04-05-2026
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provisional anticipatory bail by order dated 21.07.2016 passed
in Cr. Misc. No. 26850 of 2016 with certain conditions but the
petitioner has not complied the aforesaid order. Thereafter the
petitioner has surrendered before the learned Trial Court on
17.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has
clean antecedent, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Sub-Divisional Judicial Magistrate, Hilsa
(Nalanda)/Court concerned, Hilsa, (Nalanda), in connection
with Telhara P.S. Case No. 31 of 2016,with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.29690 of 2026(2) dt.04-05-2026
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for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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