Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is entitled to anticipatory bail subject to the conditions imposed by the court.
Summary
The petitioner, Sanjay Kumar, sought anticipatory bail fearing arrest in a Mahila police case involving alleged offences under IPC sections 341, 323, 498A/34 and section 3 of the Dowry Prohibition Act. The case stemmed from a marriage in 2020 where the informant alleged dowry‑related harassment and eviction by the petitioner and his in‑laws. Both parties’ counsel submitted that the couple now live together amicably after family interference. The court examined the allegations, the petitioner’s claim of possible arrest, and the statutory provisions governing anticipatory bail. Considering the facts, the court granted anticipatory bail on condition of a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bihar Negotiable Instruments (Security) Act, and directed compliance with the lower court’s conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending Mahila case under Sections 341, 323, 498A/34 IPC and Dowry Prohibition Act.
Legislation cited
- Bihar Negotiable Instruments (Security) Act — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Dowry Prohibition Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48511 of 2025
Arising Out of PS. Case No.-2 Year-2024 Thana- MAHILA PS District- Khagaria
======================================================
Sanjay Kumar S/O Wakil Das @ Akil Das Resident of Village- Kosh
Kumharso, P.S- Gardhpura, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Sajan Kumari W/O Sanjay Kumar, D/O Bharat Tanti R/O Village- Gangiya
Ward No. 10, P.S- Gangour, Distt.- Khagaria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh
For the Opposite Party/s : Mr.Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 11-02-2026 Heard learned counsel for the petitioner as well as the
learned APP for the State.
2. The petitioner apprehends his arrest in connection with
Mahila P.S. Case No. 02 of 2024, registered for the offences
punishable under Sections 341, 323, 498(A)/34 of the Indian Penal
Code and ¾ of Dowry Prohibition Act.
3. As per allegation, the marriage of the informant was
solemnized with the petitioner in the year, 2020. After marriage, the
informant was alleged to have been tortured by in-laws including the
petitioner for non-fulfillment of demand of dowry and ultimately, she
was ousted from her matrimonial home.
4. The learned counsels for the parties have submitted
that after interference of the family members, the couple are residing
Patna High Court CR. MISC. No.48511 of 2025(5) dt.11-02-2026
2/2
in happy and cordial atmosphere.
5. Considering the above-mentioned facts and
circumstances, let the petitioner, in the event of his arrest or
surrender within four weeks before the learned court below, be
released on anticipatory bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Sub Divisional Judicial Magistrate, Khagaria
in connection with Mahila P.S. Case No. 02 of 2024, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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