Patna High Court
Sandeep Kumar @ Sandeep PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to strict conditions.
Summary
The petitioner, Sandeep Kumar, was arrested in November 2025 in connection with a 2021 complaint alleging cruelty, assault, and dowry demands under IPC sections 323 and 498A and Dowry Prohibition Act sections 3 and 4. The prosecution described a pattern of harassment, physical abuse, and forced eviction of the complainant, his wife. The petitioner argued that he has a clean antecedent, had previously been granted bail in 2024 which was later cancelled for non‑compliance, and that the parties have settled the dispute in a separate domestic‑violence case. The State opposed the bail application, citing the seriousness of the offences and the petitioner’s earlier breach of bail conditions. The High Court, after considering the facts, granted bail on a cash bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, attendance, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences (IPC 323, 498A, Dowry Act 3 & 4).
- Whether the settlement of the domestic‑violence case impacts the grant of bail.
- Whether the petitioner’s prior non‑compliance with bail conditions warrants denial of bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A
Subjects
- bail
- dowry prohibition
- cruelty
- domestic violence
- IPC 323
- IPC 498A
- Dowry Act section 3
- Dowry Act section 4
- settlement
- non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30660 of 2026
Arising Out of PS. Case No.-1556 Year-2021 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
Sandeep Kumar @ Sandeep Prasad Son of Yugeshwar Prasad @ Yogeshwer
Kumar Resident Of Village - Barka @ Baraka Gaon, P.S.- Jalalpur, Dist-
Saran at Chapra
... ... Petitioner
Versus
1. The State of Bihar
2. Rani Devi Wife of Sandeep Kumar @ Sandeep Prasad Resident Of Village -
Barka Gaon, Ps- Jalalpur, Dist- Saran at Chapra Present Residing Ussai
Chapra (Husse Chapra), Ps- Chapra Tow, Dist- Saran at Chapra
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand
For the Opposite Party/s : Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
29.11.2025 in connection with Complaint Case No. 1556 of
2021 for the offences punishable under Sections 323, 498A of
IPC and Sections 3 and 4 of Dowry Prohibition Act.
3. The case of the prosecution, in brief, is that as
alleged in the complaint petition, complainant was married to
the petitioner on 01.12.2020 and after the marriage, she started
residing at her matrimonial home. It is alleged that at the time of
marriage, sufficient dowry articles including cash, gold
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ornaments, and household items were given. Initially, the
behavior of the petitioner and his family members was stated to
be cordial, however, after some time, they allegedly started
subjecting the complainant to cruelty and harassment in
connection with demand of dowry.
It is further alleged that in January, 2021, the complainant found
the petitioner in an objectionable position with a female relative,
and upon raising objection, she was abused and assaulted by the
petitioner and his family members. It is also alleged that the
accused persons threatened to oust her from the matrimonial
home and to perform second marriage of the petitioner. The
prosecution further alleges that on 01.03.2021, the complainant
was again assaulted, her belongings were taken away, and she
was forcibly driven out of her matrimonial home, whereafter she
returned to her parental house and narrated the occurrence to her
family members. Subsequently, efforts of reconciliation by the
family members failed, leading to filing of the present complaint
case.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and petitioner has been granted
bail vide order dated 20.03.2024 passed in Cr. Misc. No. 18634
of 2024. It is next submitted that the petitioner has not complied
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with the conditions as stipulated in the order dated 20.03.2024
and, therefore, the bail bonds of the petitioner was cancelled by
the learned trial court. Learned counsel for the petitioner further
submits that although both the parties have settled the dispute in
Domestic Violence No. 04 of 2025 and petitioner is not in a
position to comply with the order dated 20.03.2024 passed in
Cr. Misc. No. 18634 of 2024 and petitioner is in custody since
29.11.2025.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 the learned Court of
Additional Sessions Judge XI, Saran, Chapra in connection with
Complaint Case No. 1556 of 2021, subject to 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 absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move 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)
Gaurav Sinha/-
U T
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