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Patna High Court

Sonu Jha @ Sonu Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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