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Patna High Court

Sandeep Kumar @ Sandeep PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.30660 of 2026(2) dt.06-05-2026
                                            2/4




          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
Patna High Court CR. MISC. No.30660 of 2026(2) dt.06-05-2026
                                            3/4




          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.
           Patna High Court CR. MISC. No.30660 of 2026(2) dt.06-05-2026
                                                       4/4




                                  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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