Patna High Court
Pradip Kumar @ Pradip SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Pradip Kumar, was charged with demanding dowry, torturing his wife and allegedly burning her body with an iron rod, under multiple sections of the B.N.S., 2023 and the Dowry Prohibition Act. He applied for bail, claiming innocence, a clean antecedent, and that the injuries were minor and not caused by him. The State opposed bail, citing the injury report that indicated the victim was scalded with a hot iron rod and arguing the seriousness of the alleged offences. The court examined the chargesheet, the period of custody since September 2025, and the arguments of both sides. It granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other personal surety requirements, and ordered the petitioner to appear in court as required.
Issues considered
- Whether bail should be granted in a case involving dowry demand, torture, and alleged dowry death under the B.N.S., 2023 and Dowry Prohibition Act.
- Whether the conditions of Section 480(3) of the B.N.S.S. justify granting bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 76, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry demand
- dowry death
- Dowry Prohibition Act
- B.N.S. 2023
- Section 480(3)
- criminal procedure
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.308 of 2026
Arising Out of PS. Case No.-149 Year-2025 Thana- MAHISHI District- Saharsa
======================================================
Pradip Kumar @ Pradip Sah S/o Late- Ramchandra Sah, R/o Village-
Mahisarho, P.S- Mahishi, Dist- Saharsa, Bihar.
... ... Petitioner
Versus
1. The State of Bihar.
2. Laxmi Devi Wife of Pradip Sah, Resident of Village- Mahisarho, P.S.-
Mahishi, Saharsa.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
5 17-06-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Mahishi P.S. Case No. 149 of 2025 dated
15.05.2025, registered for the offences punishable under
Sections 126(2), 115(2), 109, 76, 85, 352 and 351(2) read with
Section 3(5) of the B.N.S., 2023 and Sections 3 and 4 of the
Dowry Prohibition Act.
3. As per the prosecution case, petitioner is the
husband of the informant and allegation against the petitioner
and his family members is that they had been demanding Rs.
5,00,000/- in dowry and a Bullet motorcycle from the father of
Patna High Court CR. MISC. No.308 of 2026(5) dt.17-06-2026
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the informant. On non-fulfillment of this demand, the informant
was being tortured and ultimately the petitioner and other co-
accused persons burnt the whole body of the informant by an
iron-rod.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. The petitioner neither
demanded any dowry nor burnt the body of the informant with
iron-rod. The informant somehow received the injuries and
falsely implicated the petitioner and his family members.
Moreover, injury report shows only simple injuries though
caused by hard and blunt hot substance. Learned counsel next
submits that petitioner is having clean antecedent and
chargesheet has been submitted. Learned counsel lastly submits
that petitioner is in custody since 17.09.2025 and have been
sufficiently penalized.
5. Learned A.P.P. appearing on behalf of the State
vehemently opposes the submissions made on behalf of the
petitioner and submits that injury report clearly shows the
informant was scalded by the petitioner with hot iron-rod and
considering his beastly conduct he does not deserve bail.
6. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.308 of 2026(5) dt.17-06-2026
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submissions made on behalf of the parties and considering the
submission of chargesheet and petitioner’s period of custody,
the petitioner, above-named, is directed to be released on bail,
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Saharsa /
concerned Court, in connection with Mahishi P.S. Case No.
149 of 2025, subject to the condition laid down under Section
480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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