Patna High Court
Sonu Jha @ Sonu Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the demand was not prima facie a dowry demand and therefore granted bail to the petitioner.
Summary
The petitioner, Sonu Jha, was arrested in connection with a case alleging cruelty and dowry demand under several provisions of the Bhartiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act. He contended that the alleged demand of Rs. 1 lakh was for a business venture, not dowry, and that the complainant had left his household, remarried, and thus the marriage subsisted. The petitioner produced information obtained under the Right to Information Act showing the complainant's remarriage. No representative appeared for the complainant despite notice. The court, after considering these facts, held that the demand did not prima facie constitute dowry and that the complainant’s remarriage weakened the case, and consequently ordered the petitioner’s release on bail subject to conditions.
Issues considered
- Whether the alleged demand for Rs. 1 lakh constitutes a dowry demand under the Dowry Prohibition Act and related provisions of the Bhartiya Nyaya Sanhita.
- Whether the petitioner is entitled to bail in view of the prima facie facts and the complainant's remarriage.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 115, 126(2), 303(2), 351(2), 351(3) read with 3(5), 352, 82, 85
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Right to Information Act, 2005
Subjects
- bail
- dowry prohibition
- cruelty
- right to information
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38764 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- NAUHATTA District- Saharsa
======================================================
Sonu Jha @ Sonu Kumar Jha, S/o Manikant Jha, R/o Village-Mohanpur, P.S.-
Nauhatta, Distt-Saharsa
... ... Petitioner
Versus
1. The State of Bihar
2. Kalpna Kumari, wife of Sonu Kumar Jha R/o Mohanpur, P.S.- Nauhatta,
Distt-Saharsa At present R/o Village-Bijalpur Puranwas, P.S.- Supaul, Distt-
Supaul
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 22-01-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Nauhatta P.S.
Case No.8 of 2025 registered under Sections 126 (2), 115,
303(2), 82, 85, 352, 351(2), 351(3) read with 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) as well as
Sections 3 and 4 of the Dowry Prohibition Act.
3. Allegation against petitioner is to commit cruelty
upon informant/O.P. No.2 due to non-fulfilment of Rs. 1 lakh
as dowry. The allegation of physical assault is also available
Patna High Court CR. MISC. No.38764 of 2025(5) dt.22-01-2026
2/3
against this petitioner.
4. It is submitted by learned counsel appearing for
petitioner that even as per written information of informant,
it nowhere appears that the demand was raised as dowry
rather it was asked to run business venture. It is submitted
that in actual, the informant herself left the society of
petitioner and after returning to her parental home,
solemnized her marriage with one Mukesh Kumar Jha, son of
Late Bhagwan Jha, resident of village-Dwalakh, Bheja, Distt.-
Madhubani. It is submitted that the said fact was collected by
petitioner exercising his right as available under Right to
Information Act, 2005 and was made available by P.I.O.-
cum-S.D.M., Supaul.
5. The information under R.T.I. as received from
P.I.O.-cum-S.D.M., Supaul submitted across the board,
which was taken on record.
6. Learned APP has opposed the prayer of bail.
7. Despite of service of notice, none turned up to
join the present pending proceeding on behalf of O.P. No.2.
8. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.38764 of 2025(5) dt.22-01-2026
3/3
taking note of fact as information received under R.T.I. prima
facie suggest that informant/O.P. No.2 solemnized her
marriage with some one else, subsisting her marriage with
petitioner, coupled with fact that the allegation of demand of
money prima facie not appears to be asked as dowry,
accordingly, the petitioner, above-named, in the event of his
arrest or surrender in the court below within a period of four
weeks from today, is directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate-1st Class, Saharsa in
connection with Nauhatta P.S. Case No.8 of 2025, subject to
the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure (in short ‘CrPC’)/under Section 482(2)
of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short
‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
Checking your session…