Patna High Court
Bimlesh Kumar RenuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Bimlesh Kumar Renu, was implicated in a dowry harassment case (PS Case No.165 of 2021) alleging offences under IPC sections 341, 323, 498A, 504, 34 and the Dowry Prohibition Act. The informant claimed mental and physical torture for dowry, while the petitioner contended that the allegations were false, that he and the informant were living together with two children, and that he had a clean antecedent. The State opposed the petition for anticipatory bail, noting that a court had taken cognizance of the 498A charge. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the BNSS, subject to conditions including a bail bond, sureties, personal presence at trial, and verification of antecedents. The order emphasized that the observations would not affect the trial and that the bail could be cancelled for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under IPC 498A and related sections.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the allegations constitute a prima facie case warranting denial of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Criminal Procedure Code
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64780 of 2025
Arising Out of PS. Case No.-165 Year-2021 Thana- NAWANAGAR District- Buxar
======================================================
Bimlesh Kumar Renu S/O Birendra Patel Resident of Village- Salsala, P.S.-
Nawanagar (Sonbarsa), District- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Shweta Priya D/O Sri Shyam Nandan Singh R/O Vill.- Sonkukra, P.O. and
P.S.- Masoudhi, Dist.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr.Kamal Deo Sharma, Adv.
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 17-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State. Despite service of notice upon the father of
the informant, no one has appeared in this case.
2. The petitioner apprehends his arrest in connection
with Nawanagar (Sonbarsa) P.S. Case No. 165 of 2021 dated
12.05.2021 registered for the offences punishable under
Sections 341, 323, 498(A), 504 and 34 of the Indian Penal Code
and Sections 3/4 of the D.P. Act.
3. As per the prosecution case, the informant has
alleged that she was married to the petitioner and thereafter, the
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named accused persons started torturing her mentally and
physically for dowry.
4. The learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case and no such
demand of dowry has ever been made. It has further been
submitted that the petitioner and the informant are living
together and after the filing of the present case, two children
were born out of the said wedlock and the informant is happily
residing in the said house. It has lastly been submitted that the
petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submitted that learned C.J.M., Baxar has taken cognizance for
the offence under Section 498(A) of the I.P.C. against the
petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to 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
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the learned Court below where the case is pending/successor
court in connection with Nawanagar (Sonbarsa) P.S. Case No.
165 of 2021, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of BNSS as well as subject to the
following conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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