Patna High Court
Shyam Babu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner subject to the conditions of Section 438(2) CrPC and Section 482(2) BNSS.
Summary
Shyam Babu Sah was arrested in connection with a complaint under Section 498-A IPC alleging cruelty and dowry demand of Rs.5 lakh and a motorcycle. The petitioner sought anticipatory bail, arguing that the complainant, Babita Devi, repeatedly failed to appear at mediation proceedings despite multiple extensions. The court noted that the mediation attempts had collapsed due to the complainant's non‑cooperation and that the allegations appeared general and omnibus. Considering these facts, the court held that anticipatory bail could be granted, subject to conditions. The petitioner was ordered to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with the conditions of Section 438(2) CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the accused under Section 438 of the CrPC in a 498-A dowry harassment case.
- Whether the complainant's failure to appear in court‑ordered mediation affects the grant of bail.
- Whether the allegations are sufficiently specific to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 498-A
Subjects
- dowry harassment
- cruelty
- anticipatory bail
- mediation
- Section 498-A
- Section 438
- Section 482
- criminal law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30741 of 2025
Arising Out of PS. Case No.-1578 Year-2022 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
Shyam Babu Sah Son of Late Jagdish Sah Resident of Village - Sabadara,
P.S.- Manjhi, Dist.- Saran.
... ... Petitioner
Versus
1. The State of Bihar
2. Babita Devi Wife of Shyam Babu Sah D/o- Mahavir Sah, Resident of village
- Jagtiya, P.S.- Daudpur, Dist.- Saran at Chapra
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr.Braj Kishore Pd.(APP)
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the complaint, is
apprehending his arrest in connection with Complaint Case
No. 1578 of 2022 registered for the offences punishable
under Sections 498-A of the Indian Penal Code.
3. The allegation against the petitioner is to commit
cruelty upon the complainant/O.P. No. 2 alongwith other
family members/co-accused due to non-fulfillment of demand
of dowry as raised for a cash of Rs. Five Lakhs and one Bullet
Motorcycle.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.30741 of 2025(6) dt.12-01-2026
2/3
petitioner submitted that upon request of the
complainant/O.P. No. 2 the matter was referred to the
Mediation Centre of this Court, but complainant/O.P. No. 2
failed to appear even on single occasion before the concerned
mediator and, therefore, a request was made by the mediator
to extend the time in terms of report dated 13.10.2025 as
passed in Mediation Proceeding No. 1336/2025, which was
further extended by this Court, but even during extended time
period due to non-appearance of complainant/O.P. No. 2 on
eight (8) successive dates, the mediation could not concluded.
It is submitted that the petitioner deserves anticipatory bail in
view of non-cooperation of complainant/O.P. No. 2 to settle
the issue.
5. Despite of service of notice, non-appeared on behalf
of the complainant/O.P. No. 2 to oppose the anticipatory bail
of the petitioner.
6. Learned A.P.P. for the State is present.
7. In view of the aforesaid factual submissions and by
taking note of the mediation reported, as aforesaid, the
mediation between the parties appears failed due to non-
Patna High Court CR. MISC. No.30741 of 2025(6) dt.12-01-2026
3/3
cooperation of complainant/O.P. No. 2, where the matter was
listed for eight (8) successive dates, coupled with the fact that
allegation qua demand of dowry and also of cruelty appears
almost general and omnibus, accordingly, above-named
petitioner, in the event of his arrest/surrender within a period
of four weeks from this order, is directed to be enlarged on
bail on furnishing of bail bond of Rs.10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of learned S.D.J.M., Saran at Chapra/concerned
court in connection with Complaint Case No. 1578 of 2022,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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