Patna High Court
Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 323, 34, 498A, 504
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
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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
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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/-
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