Patna High Court
Nitish Kumar Mehta @ Ramchandra MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties, subject to Section 438(2) CrPC.
Summary
Shailesh Kumar applied for bail after being implicated in a FIR alleging offences under IPC sections 341, 323, 498-A, 34 and Dowry Prohibition Act sections 3 and 4, stemming from a matrimonial dispute. The petitioner denied the allegations, claiming he was falsely implicated and that the case was triable by a magistrate. The State opposed the bail, while the second opposite party did not appear. The Court examined whether the seriousness of the offences and the risk of flight justified denial of bail under Section 438(2) of the CrPC. Considering the facts and the petitioner’s willingness to furnish a bail bond of Rs.10,000 with two sureties, the Court ordered bail subject to the conditions of Section 438(2).
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) CrPC despite the nature of the offences alleged.
- Whether the case is triable by a Judicial Magistrate and thus bail can be granted at this stage.
- Whether the allegations constitute a sufficient ground to deny bail on the basis of flight risk or tampering with evidence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498-A
Subjects
- bail
- dowry harassment
- IPC
- CrPC
- Section 438
- matrimonial dispute
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.304 of 2025
Arising Out of PS. Case No.-149 Year-2024 Thana- SILAO District- Nalanda
======================================================
Shailesh Kumar S/O Jitendra Prasad R/O Village- Niyamat Nagar, P.O-
Dharhara, P.S- Silao, Distt.- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chuchuli Kumari D/O Late Mahendra Prasad R/O Village- Mustafapur, P.S-
Giriyak, Distt.- Nalanda at Biharsharif.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Raj Kishor Prasad, Adv.
For the State : Mrs.Sangeeta Sharma, APP
For the O.P.-2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 03-04-2025 Heard learned counsel for the petitioner and learned
A.P.P. for the State. Despite valid service of notice, nobody
appears on behalf of opposite party no. 2.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 341, 323, 498-A, 34
of the Indian Penal Code and sections 3, 4 of the Dowry
Prohibition Act.
3. The informant has alleged that her marriage was
solemnized with petitioner on 22.06.2023 at Biharsharif as per
Hindu rites and both parties signed on affidavit regarding the
marriage. It is further alleged that the petitioner later denied the
marriage, assaulted her and demanded Rs. 4 lakhs from her
Patna High Court CR. MISC. No.304 of 2025(3) dt.03-04-2025
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mother, as dowry, and ultimately, ousted her from the
matrimonial house.
4. Learned counsel for the petitioner denies the
allegation made in the F.I.R. and submits that petitioner has
been falsely implicated in this case merely because he happens
to be husband of opposite party no. 2. At no point of time,
petitioner demanded any dowry or committed torture with
opposite party no. 2. As a matter of fact, informant was in love
with another boy, which was objected by petitioner and as
such, informant herself left the house and when to her father’s
house with all her belongings. Moreover, the case is triable by
the learned Magistrate. The petitioner has further relied upon
the judgment of this Court in the case of Md. Naimul Haque
Ansari @ Naimul Haque Ansari & Ors. Vs. The State of
Bihar, reported in 2006(3) PLJR 182.
5. Considering the aforesaid facts and circumstances,
in the event of arrest or surrender within a period of eight weeks
from today, let this petitioner, as named above, be enlarged on
bail on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate 1st Class, Nalanda at Biharsharif in
connection with Silao P.S. Case No. 149 of 2024, subject to the
Patna High Court CR. MISC. No.304 of 2025(3) dt.03-04-2025
3/3
conditions, as laid down under Section 438(2) of the Code of
Criminal Procedure.
(Prabhat Kumar Singh, J)
anay
U T
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