Patna High Court
Vikash SaoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 379, 498A, 504, 506
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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