Patna High Court
Prakash DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is to be granted to the petitioner under Section 438(2) of the CrPC, subject to the stipulated bond and surety conditions.
Summary
The petitioner, Prakash Das, sought bail after being implicated in a case registered under Sections 498-A and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, alleging matrimonial cruelty and dowry demand. He contended that the allegations were false and that he had not demanded dowry or inflicted cruelty, emphasizing that the matter is triable by a magistrate. The State opposed the bail, but the court noted the petitioner’s right to bail under Section 438(2) of the CrPC, especially given the absence of any indication of flight risk. Relying on precedent (Md. Naimul Haque Ansari v. State of Bihar), the court found no substantive reason to deny bail. Consequently, the court ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the conditions of Section 438(2). The bail order was conditioned on the petitioner’s surrender within eight weeks and compliance with the magistrate’s directions.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) of the CrPC in a case involving offences under Sections 498-A, 34 IPC and Sections 3, 4 of the Dowry Prohibition Act.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 498-A
Subjects
- bail
- dowry prohibition
- matrimonial cruelty
- Section 498-A
- Criminal Procedure
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72364 of 2025
Arising Out of PS. Case No.-108 Year-2022 Thana- MAHILA P.S. District- Patna
======================================================
Prakash Das S/O Late Lalit Kumar Das R/O Jamshedpur, House NO. 14 N,
16 XN Type Road 19, Sidgoda, Agrico, East Singhbhum (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jyoti Kumari D/O Surendra Kumar Suman, W/O Bharat Kumar Thakur
House No. 91, Mithila Colony, Nasriganj, P.S- Danapur, Distt.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr.Prabhas Ranjan
For the State : Mr.Pronoti Singh
For the OP-2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 22-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State. Despite valid service of notice, nobody
appears on behalf of opposite party no. 2.
2. The petitioner, husband of the opposite party no. 2,
apprehends his arrest in a case registered for the offence under
Sections 498-A/34 of the Indian Penal Code and Sections 3/ 4
of the Dowry Prohibition Act.
3. Allegation against petitioner is of matrimonial
cruelty and demand for dowry.
4. While denying the allegations made in the present
petition, learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case merely
Patna High Court CR. MISC. No.72364 of 2025(4) dt.22-01-2026
2/2
because he happens to be husband of opposite party no. 2. At
no point of time, petitioner demanded any dowry or committed
torture with opposite party no. 2 and is still ready to keep the
opposite party no. 2 with full honour and dignity. Moreover,
the case is triable by the learned Magistrate. The petitioner has
further relied upon the judgment of this Court in the case of
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors.
Vs. The State of Bihar, reported in 2006(3) PLJR 182.
5. Considering the aforesaid facts and circumstances,
in the event of arrest or surrender within a period of eight weeks
from today, let this petitioner, as named above, be enlarged on
bail on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned J.M. 1st Class, Patna in connection with Mahila P.S.
Case No. 108 of 2022, subject to the conditions, as laid down
under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
anay
U T
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