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Patna High Court

AKHILESH KUMAR SAHANI @ AKHILESH KUMAR SAHNIversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner for three months subject to the stipulated conditions.

Summary

The petitioner, Akhilesh Kumar Sahani, applied for anticipatory bail in a complaint alleging he tortured his wife, Babita Kumari, both mentally and physically for dowry, invoking IPC sections 323, 341, 452, 307, 313, 504 and 498A. The husband contended he was ready to care for his wife with dignity, while the wife expressed willingness to live together provided she would not be tortured. Considering the mutual willingness of both parties to cohabit peacefully, the Court was inclined to grant provisional anticipatory bail. The Court ordered that, if arrested or surrendered within four weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail is provisional for three months, after which it may be confirmed by the Sub‑Divisional Judicial Magistrate upon a joint affidavit by the spouses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a dowry‑related domestic violence case under the listed IPC provisions
  • Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are sufficient to justify provisional bail

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • domestic violence
  • IPC
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • marital dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61295 of 2025
                  Arising Out of PS. Case No.-961 Year-2024 Thana- SAMASTIPUR COMPLAINT CASE
                                                   District- Samastipur
                 ======================================================
                 Akhilesh Kumar Sahani @ Akhilesh Kumar Sahni S/o Asharfi Sahani R/o
                 Vill.- Rahtolli Tola Punma, P.S.- Hathouri Kothi, Dist.- Samastipur

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar Patna
           2.    Babita Kumari D/o Parbhu Sahani R/o Vill.- Hakimabad, P.S.- Samastipur
                 Mufassil, Dist.- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :    Mr. Ramesh Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   20-02-2026                    Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Complaint Case No. 961 of 2024, disclosing

                   offences under Sections 323, 341, 452, 307, 313, 504 and

                   498A of the I.P.C.

                                3. The petitioner is the husband. His marriage was

                   solemnized with the opposite party no. 2 in the year 2017.

                   The allegation against the petitioner is of attributing mental

                   as well as physical torture to the complainant-opposite party

                   no. 2 for want of dowry.
Patna High Court CR. MISC. No.61295 of 2025(5) dt.20-02-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner is ready to keep his wife i.e. opposite party no. 2

          with care, honour and dignity in her matrimonial home.

                       5. Learned counsel for the opposite party no. 2

          submits that opposite party no. 2 is ready and willing to live

          along with petitioner in her matrimonial home subject to

          condition that she will not be tortured by the petitioner.

                       6. Considering the submissions made by the

          parties and the fact that both husband and wife are willing

          to live together, I am inclined to grant provisional

          anticipatory bail to the petitioner for three months.

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

          his arrest or surrender before the Court below within four

          weeks, 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 learned Sub Divisional

          Judicial Magistrate, Samastipur, in connection with

          Complaint Case No. 961 of 2024, subject to the condition

          laid down under Section 482 (2) of the Bharatiya Nagarik

          Suraksha Sanhita.

                       8. If both husband and wife continues to live
           Patna High Court CR. MISC. No.61295 of 2025(5) dt.20-02-2026
                                                       3/3




                     together peacefully and files a joint affidavit before the

                     learned court of Sub Divisional Judicial Magistrate,

                     Samastipur, the concerned court below is permitted to

                     confirm the provisional anticipatory bail granted by this

                     court after three months.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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