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Patna High Court

Vikash SaoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Vikash Sao, applied for anticipatory bail in connection with Complaint Case No. 481 of 2023, which alleged offences under IPC sections 323, 498A, 379, 504, 506 and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that the petitioner demanded money from his wife, subjected her to physical and mental harassment, and caused a miscarriage. The petitioner claimed innocence, clean antecedents, and sought protection from arrest. The State opposed the bail, arguing the seriousness of the allegations. The High Court, after considering the facts, allowed the anticipatory bail, directing release on a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure.
  • Whether the allegations constitute a prima facie case that warrants denial of bail.
  • Whether the court can exercise its inherent powers under Section 482 CrPC in granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC offences
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56608 of 2025
                    Arising Out of PS. Case No.-481 Year-2023 Thana- NAWADAH COMPLAINT CASE
                                                     District- Nawada
                 ======================================================
                 Vikash Sao S/o- Madan Saw Village- Nanda Bigha Ps- Chero Dist- Nalanda

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Punam Kumari W/o- Vikash Sao, D/o- Karu Gupta A/P- Maluka Bigha Ps-
                 Hisua Dist- Nawada

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Kumar Pratap, Advocate
                 For the Opposite Party/s :    Mr.Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Complaint Case No. 481 of 2023 registered for

                   the offence under Sections 323, 498(A), 379, 504, 506 of I.P.C.

                   and Section ¾ of the D.P. Act.

                                   3.     As per the prosecution case, complainant

                   alleged that after marriage, the accused demanded ₹1,00,000

                   and harassed her mentally and physically when her father could

                   not pay. She miscarried due to torture. Later, ₹1,00,000 was

                   given, but she was beaten again, expelled from the house, and

                   asked to bring ₹2,00,000 more to return.

                                    4. It has been submitted by the learned counsel for
              Patna High Court CR. MISC. No.56608 of 2025(4) dt.20-02-2026
                                                          2/2




                        the petitioner that the petitioner is innocent and he has falsely

                        been implicated in this case. Petitioner has clean antecedent.

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

                        for anticipatory bail of the petitioner.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, be released on bail on furnishing bail

                        bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of the learned C.J.M.,

                        Nawada/ concerned Court below in connection with Complaint

                        Case No. 481 of 2023, subject to the conditions laid down in

                        Section 438(2) of the Code of Criminal Procedure, 1973 /

                        Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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