Patna High Court
Sudhir Pandey @ Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the CrPC.
Summary
Sudhir Pandey applied for anticipatory bail fearing arrest in a complaint under Section 498A of the IPC and Section 4 of the Domestic Violence Act, alleging that he was falsely implicated by the informant over a matrimonial dispute involving a demand for an Alto car. The petitioner argued that the allegations were fabricated and that the wife, Vinita Devi, was not interested in reviving the marital relationship, as evidenced by her counsel’s absence. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the CrPC. The anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 498A IPC and Section 4 D.P. Act.
- Whether the allegations against the petitioner constitute a false implication warranting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Domestic Violence Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A
- Domestic Violence Act
- false implication
- marital dispute
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72038 of 2025
Arising Out of PS. Case No.-401 Year-2024 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
Sudhir Pandey @ Sudhir Kumar Son of Abhimanyu Pandey Resident of
Village- Dighwa near Panchayat Bhawan, P.O- Dighwadubauli P.S-
Baikunthpur , District- Gopalganj, Pin-841409
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vinita Devi Wife of Sudhir Pandey,Daughter of Mahima Tiwari, - Resident
of Village Dighwa near Panchayat Bhawan, P.O- Dighwadubauli P.S-
Baikunthpur , District- Gopalganj-841409. At present- Tiwari Tola, Balthari,
P.S- Kuchaikot, Dist- Gopalganj-841503
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Saurabh
Mr. Raju Patel
Mr. Jasjit Pranjal
Mr. Amrit Jay Kumar Ray
For the Opposite Party/s : Ms. Gulnar Begum
Mr. Sumit Shekhar Pandey
Mr. Aman Kumar
Mr. Masoom Raza
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 25-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The case was taken up on 24.03.2026, when no one
had appeared on behalf of the opposite party no.2.
3. Today also when the case is taken up, no one
appears on behalf of the opposite party no.2.
4. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Patna High Court CR. MISC. No.72038 of 2025(4) dt.25-03-2026
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Section 498(A) of the Indian Penal Code and Section 4 of the
D.P. Act.
5. The learned counsel for the petitioner submits that
the petitioner, being husband, has been falsely implicated in the
instant case by the informant. It is further submitted that in sum
and substance the allegation is that petitioner and his family
members after marriage were demanding an Alto car and on
account of non-fulfilment of the demand, it is alleged that
opposite party no.2 was ousted from her matrimonial home. It is
next submitted that petitioner is still willing to keep the opposite
party no.2 with honour and dignity, but then, it appears that
opposite party no.2 is not interested in reviving her conjugal
relationship and this also gets strengthened by the fact that no
one is appearing on behalf of the opposite party no.2. It is also
submitted that if opposite party no.2 will come to the house of
the petitioner, the petitioner will keep her with dignity and
honour.
6. Learned A.P.P. opposes the anticipatory bail
application.
7. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.72038 of 2025(4) dt.25-03-2026
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within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten 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.401 of 2024, subject to the conditions laid down under
Section 482(2) of the B.N.S.
8. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
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