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Patna High Court

Nitish Kumar Mehta @ Ramchandra MehtaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




           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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