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Patna High Court

Sourav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail petition, granting bail to the petitioner subject to specified conditions.

Summary

The petitioner, Sourav Kumar, was charged under IPC sections 341, 323, 354, 504, 506 and 498A/34, and Section ¾ of the Dowry Prohibition Act in connection with a dowry‑related dispute. He applied for bail, asserting his innocence, lack of prior criminal record, cooperation with the investigation and that he had already benefited from Section 41A of the CrPC. The State opposed the bail. The court noted that the maximum punishment for the alleged offences is three years, the petitioner had cooperated with the investigation and had no antecedents, and therefore granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023. The bail order also imposed conditions for cancellation if the petitioner concealed any criminal antecedents or misrepresented earlier bail petitions. The petition was allowed and bail was ordered.

Issues considered

  • Whether bail should be granted to the petitioner despite charges under multiple IPC sections and the Dowry Prohibition Act
  • Whether the petitioner’s cooperation and benefit under Section 41A CrPC justify bail
  • Whether the maximum punishment of three years warrants bail
  • Whether bail can be conditioned under Section 482(2) of the B.N.S.S., 2023

Legislation cited

Subjects

  • bail
  • dowry harassment
  • IPC offences
  • Section 41A CrPC
  • cooperation with investigation
  • maximum punishment
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.633 of 2026
                      Arising Out of PS. Case No.-193 Year-2024 Thana- KARJA District- Muzaffarpur
                 ======================================================
                 Sourav Kumar S/O Ravi Ranjan Singh R/O village-Bhatauna, P.S- Karja,
                 District - Muzaffarpur and At present Mohalla- I. G.- Colony, Bhagwanpur,
                 P.S - Sadar, District- Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Saumya Salini W/O Sourav Kumar and D/O Vijay Shankar At present
                 resident of Village - Kamalpura, P.S- Paru, District- Muzaffarpur,Mob-
                 9430926637

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar S.K., Advocate
                 For the State            :        Dr. Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   28-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Karja P.S. Case No. 193 of 2024, dated

                   16.08.2024, registered for the offences punishable under

                   Sections 341, 323, 354, 504, 506 and 498A/34 of the Indian

                   Penal Code and Section ¾ of D.P. Act.

                                 3. As per allegation, the marriage between the

                   informant and the petitioner were solemnized in the year, 2022

                   and subsequent to the marriage, there was demand of additional

                   dowry and on account of non-fulfillment of the same, she has

                   subjected to cruelty for various ways.
Patna High Court CR. MISC. No.633 of 2026(2) dt.28-01-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in this

          case. He further submits that during investigation, petitioner has

          got benefit of Section 41A Cr.PC and he has cooperated with the

          investigation. He further submits that charge-sheet has been

          submitted and now cognizance has been taken and summon has

          been issued against the petitioner. He further submits that

          petitioner is apprehending that he may be taken into custody by

          the Court below. He also submits that the maximum punishment

          for the alleged offence is three years.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedent.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the fact that maximum punishment for

          the alleged offence is three years and petitioner has already get

          benefit of Section 41A of Cr.PC and he has cooperated with the

          investigation, this petition is allowed, directing the petitioner,

          above-named, to be enlarged on bail, in the event of his arrest
           Patna High Court CR. MISC. No.633 of 2026(2) dt.28-01-2026
                                                       3/3




                     or surrender before the court below within a period of eight

                     weeks from the date of receipt / production of a copy of this

                     order, on his furnishing bail bonds in the sum of Rs. 10,000 /-

                     (Ten Thousand) with two sureties of the like amount each to the

                     satisfaction of learned concerned Court Below, in connection

                     with Karja P.S. Case No. 193 of 2024, subject to the conditions

                     as laid down under Section 482 (2) of the B.N.S.S., 2023 and on

                     the following conditions:

                                  (i) In case, it is brought to the notice of the court

                     below that the petitioner has any criminal antecedents, learned

                     court below shall cancel the bail bonds of the petitioner after

                     hearing him and getting satisfied that the petitioner has

                     concealed his criminal antecedents despite his knowledge of the

                     same.

                                  (ii) In case, it is brought to the notice of the court

                     below that statement regarding previous bail petition is wrong,

                     learned court below shall cancel the bail bonds of the petitioner.



                                                                 (Jitendra Kumar, J.)
ravishankar/-

U      T


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