Patna High Court
Shiv KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, finding the allegations insufficiently specific to deny bail.
Summary
Shiv Kumar sought anticipatory bail after being implicated in a case alleging dowry demands, cruelty, and an attempt to poison his wife’s sister under various IPC sections and the Dowry Prohibition Act. The prosecution alleged that Kumar and co‑accused demanded Rs 10 lakh and a motorcycle as dowry, subjected the informant’s daughter to cruelty, and tried to kill her by administering a sulpha tablet. Kumar’s counsel argued that the FIR was filed by the informant to protect himself from a separate complaint and that the allegations were vague and omnibus. The informant opposed bail, contending that Kumar, as husband, must fulfill his marital responsibilities. Considering the lack of specific charges and the general nature of the allegations, the court granted anticipatory bail subject to a bond and sureties, invoking its powers under Section 482(2) of the Bihar Negotiable Securities (Amendment) Act, 2023.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains general and omnibus allegations under IPC sections 323, 341, 504, 498A, 494 and the Dowry Prohibition Act.
- Whether the petitioner’s alleged involvement in dowry demand and cruelty warrants denial of bail.
Legislation cited
- Bihar Negotiable Securities (Amendment) Act, 2023 — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 324, 34, 341, 494, 498A, 504, 506
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Dowry Prohibition Act
- criminal procedure
- general allegation
- omnibus charge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57397 of 2025
Arising Out of PS. Case No.-238 Year-2024 Thana- GHOSI District- Jehanabad
======================================================
Shiv Kumar S/o- Siyasharan Prasad Resident Of Village- Garai Bigha, Ps-
Hilsa, Dist-Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Suresh Prasad S/o- Ramlagan Prasad Village- Mirjapur Ps- Ghosi (Okari
OP) Dist- Jehanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nityanand Neeraj
For the Opposite Party/state: Mrs.Renu Kumari
For the informant-OP 2 : Mr. Onkar Nath
Mr. Mukesh Kumar Pandey
Mr. Ram Naresh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 07-05-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Ghosi (Okari) P.S. Case No. 238 of 2024 dated
12.05.2024 registered under Section 323 / 341 / 504 / 498(A) /
494 of the I.P.C. and Section ¾ of the D.P. Act.
3. The prosecution story in short is that the petitioner
allured the younger daughter of the informant and trapped her in
his love and after knowing this fact the family members from
both sides solemnized their marriage on 15.01.2023. It is alleged
that after marriage the accused persons including the petitioner
started demanding Rs. 10 lakh and a motorcycle in dowry from
Patna High Court CR. MISC. No.57397 of 2025(5) dt.07-05-2026
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the informant and due to non-fulfillment of the demand, they
subjected his daughter to cruelty. The accused persons also tried
to eliminate the daughter of the informant by making her eat
sulphas tablet but somehow she was saved.
4. Learned counsel for the petitioner submits that on
01.07.2023 the father of the petitioner submitted a written
application before the SHO Hilsa, Nalanda regarding missing of
his son. It is further submitted that the petitioner filed a
complaint petition before the A.C.J.M., Hilsa, Nalanda vide
Complaint Case No. 419(C) of 2023 dated 01.07.2023 in which
cognizance has been taken on 13.02.2024 under Section 341 /
323 / 324 / 504 / 506 / 34 of the I.P.C. alleging that the accused
persons on the point of pistol forcibly pressurized him to put
vermilion on the head of the girl. It is further submitted that
marriage was not solemnized at all and the instant F.I.R. has
been lodged by the informant only with a view to save his skin
from Complaint Case No. 419(C) of 2023. The allegation
against the petitioner is general and omnibus in nature.
5. On the other hand, learned counsel for the
informant vehemently opposed the prayer for anticipatory bail
and submits that the petitioner being the husband cannot shirk
away from his responsibility of maintaining his wife.
Patna High Court CR. MISC. No.57397 of 2025(5) dt.07-05-2026
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6. Regard being had to the submission made by the
parties, taking into consideration the nature of allegation, the
facts and circumstances of the case in totality and the fact that
only general and omnibus allegation has been made against the
petitioner, accordingly, I am inclined to grant anticipatory bail to
the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned S.D.J.M., Jehanabad in connection with Ghosi (Okari
O.P.) P.S. Case No. 238 of 2024 subject to the condition as laid
down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
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