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Patna High Court

Sameer Kumar Priyadarshi @ Samir Kumar PriyadarshiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to anticipatory bail subject to the conditions imposed by the court.

Summary

The petitioner, Sameer Kumar Priyadarshi, sought anticipatory bail fearing arrest in a case involving offences under IPC sections 323 and 498(A) and the Dowry Prohibition Act. He alleged false implication by the second opposite party, Supriya Kumari, with whom he had filed a restitution of conjugal rights petition under the Hindu Marriage Act, which remains pending. The second opposite party, however, refused to restore conjugal rights. The court, after hearing counsel, granted anticipatory bail to the petitioner, subject to a bail bond of Rs.5,000 and two sureties of the same amount, and conditions under Section 438(2) of the Criminal Procedure Code. The order was made to ensure the petitioner’s liberty pending trial in the complaint case No.243/2024. The decision reflects the court’s discretion to balance the seriousness of the alleged offences with the petitioner’s right to liberty.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Cr.P.C. in a case involving offences under IPC 323, 498(A) and the Dowry Prohibition Act.

Legislation cited

Subjects

  • anticipatory bail
  • criminal law
  • domestic violence
  • restitution of conjugal rights
  • IPC
  • Dowry Prohibition Act
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69234 of 2025
                 Arising Out of PS. Case No.-243 Year-2024 Thana- COMPLAINT CASE District- Lakhisarai
                 ======================================================
                 Sameer Kumar Priyadarshi @ Samir Kumar Priyadarshi Son of Shekhar
                 Paswan Resident of village- Lakhanchand P O -Mokama Ghat P S -Mokama
                 District -Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Supriya Kumari Daughter of Bhagwan Paswan Resident of Mohalla- Gosai
                 tola, Ward no. 21, Naya Bazar lakhisarai, Ps- Kabaiya, Dist- Lakhisarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shyameshwar Kumar Singh
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   15-04-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the O.P. No.2.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 323,

                   498(A) of the Indian Penal Code and Sections 3 and 4 of the

                   D.P. Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner being husband has been falsely implicated in the

                   instant case by the O.P. No.2. It is next submitted that petitioner

                   has filed an application seeking restitution of conjugal rights

                   under Section 9 of the Hindu Marriage Act and the said
           Patna High Court CR. MISC. No.69234 of 2025(4) dt.15-04-2026
                                                       2/2




                     application is pending adjudication. It is next submitted that out

                     of the wedlock, a child was born, who presently is staying with

                     the O.P. No.2 and the petitioner still is willing to keep the O.P.

                     No.2 and the child with honour and dignity, on which, the

                     learned counsel appearing on behalf of the O.P No.2 based on

                     instruction submits that O.P. No.2 is not willing to restitute her

                     conjugal rights with the petitioner.

                                  4. After hearing the learned counsel for the parties, the

                     petitioner above-named, in the event of his arrest or surrender

                     within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees

                     Five Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned trial court where the case is

                     pending/successor court in connection with Complaint Case

                     No.243/2024, subject to the conditions as laid down under

                     Section 438 (2) of the Cr.P.C.



                                                                 (Satyavrat Verma, J)
amit/-
U      T


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