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Patna High Court

Sanjeev KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is warranted and ordered the petitioner to surrender within four weeks and furnish a bail bond with sureties, subject to Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

The petitioner, Sanjeev Kumar, was named in an FIR for offences under IPC sections 498A, 323, 504/34, alleged to involve mental and physical cruelty over a dowry dispute. He contended that he is actually the victim, asserting that the real dispute is between the informant and his mother, Manju Devi, and that the informant left the matrimonial home voluntarily. The State opposed his prayer for anticipatory bail. The court examined the prima facie involvement of the petitioner, noting that his alleged participation appears limited to his relationship with the co‑accused. Considering the facts, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under IPC 498A, 323, 504/34.
  • Whether the petitioner’s alleged involvement is merely due to his relationship with the co‑accused or he is directly implicated in the offences.
  • Whether the conditions imposed for bail are appropriate and lawful.

Legislation cited

Subjects

  • dowry harassment
  • anticipatory bail
  • IPC 498A
  • domestic violence
  • CrPC Section 438
  • B.N.S.S. Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33754 of 2026
                     Arising Out of PS. Case No.-272 Year-2023 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Sanjeev Kumar S/o Indradeo Ray R/o Village - Bisunpur Chaklala @ Baranti,
                 P.S - Rajapakar, District - Vaishali
                                                                           ... ... Petitioner
                                                      Versus
           1.     The State of Bihar
           2.     Beauty Kumari W/o Sanjeev Kumar R/o Village - Bisunpur Chaklala @
                  Baranti, P.S - Rajapakar, District - Vaishali
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr.Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   14-05-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Rajapakar

                   (Baranti O.P.) P.S. Case No. 272 of 2023 registered for the

                   offences punishable under Sections 498(A), 323, 504/34 of

                   the Indian Penal Code.

                             3. The allegation against petitioner is to commit

                   mental and physical cruelty upon the informant along with

                   his family members as the informant failed to fulfill the

                   demand of dowry.

                             4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.33754 of 2026(2) dt.14-05-2026
                                            2/3




          petitioner submitted that in fact this petitioner being

          husband himself is the victim of this case only for the

          reason that the main dispute is between informant and the

          mother of the petitioner with regard to monetary dispute,

          which can be safely gathered from the face of FIR itself.

                   5.     It is submitted that the informant left her

          matrimonial home on her own and joined her parental home

          along with her children. It is submitted that petitioner

          implicated with the present case only for the reason that he

          is the husband and also the son of co-accused Manju Devi

          against whom the thrust of allegation is available. Petitioner

          claimed clean antecedent.

                   6. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioners.

                   7. In view of the aforesaid factual submissions and

          by taking note of the fact as the thrust of allegation qua

          physical assault and financial dispute is available with co-

          accused Manju Devi, where implication of this petitioner

          prima facie appears available only for the reason that he is

          the son of co-accused Manju Devi and husband of the

          informant, accordingly, above-named petitioner, in the
           Patna High Court CR. MISC. No.33754 of 2026(2) dt.14-05-2026
                                                       3/3




                     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 Judicial Magistrate - 1st Class, Vaishali at

                     Hajipur/concerned court in connection with Rajapakar

                     (Baranti O.P.) P.S. Case No. 272 of 2023, 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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