Patna High Court
Sameer Kumar Priyadarshi @ Samir Kumar PriyadarshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Hindu Marriage Act — s. 9
- Indian Penal Code — s. 323, 498A
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/-
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