Patna High Court
Akash Agrawal @ Aakashdeep Agrawal @ Dr. Akashdeep AgarwalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond of Rs.20,000 and two sureties, with conditions under Section 438(2) Cr.P.C. and Section 482.
Summary
The petitioner, Akash Agrawal, sought anticipatory bail after an FIR was lodged alleging offences under Sections 498-A, 418, 506, 120(B) of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, claiming he had tortured and harassed the daughter of the second opposite party over dowry demands. The petitioner contended that the allegations were false, arising from a matrimonial dispute wherein he had obtained a divorce decree in the United States, which the daughter appealed but later dismissed. He argued that the FIR was an abuse of process intended to harass him. The State opposed the grant of anticipatory bail. The Court, after considering the submissions and the lack of appearance by the second opposite party, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.20,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482 of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the FIR alleging offences under IPC and the Dowry Prohibition Act.
- Whether the FIR constitutes an abuse of process of law.
Legislation cited
- Code of Criminal Procedure — s. 482
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 120B, 418, 498A, 506
Subjects
- anticipatory bail
- dowry harassment
- false implication
- abuse of process
- IPC
- Criminal Procedure Code
- marital dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7598 of 2026
Arising Out of PS. Case No.-317 Year-2012 Thana- KADAMKUAN District- Patna
======================================================
Akash Agrawal @ Aakashdeep Agrawal @ Dr. Akashdeep Agarwal S/o
Mahavir Prasad R/o Village - Chaas, P.S - Chass, District - Bokaro, State -
Jharkhand, At Present resident of - 6, Harnet Street, Brunsvik, 04011 Main,
United State of America
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dr. Shravan Kumar S/o Late Ram Gopal Motani Resident of - Arya Kumar
Road, Rajendra Nagar, P.S - Kadamkuan, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Krishna Pd. Singh, Sr.Adv.
Mr. Rakesh Singh, Adv.
For the State : Mr.Kalyan Shankar, APP
For the O.P.-2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 01-07-2026 Perused the show-cause explanation, submitted by
A.S.O. and S.O. of Cr.Misc (Pending) Section, in compliance of
order dated 01.04.2026 passed by a coordinate Bench of this
Court. Same is accepted.
2. Heard learned senior counsel appearing on behalf
of petitioner and learned A.P.P. for the State. Despite valid
service of notice, nobody appears on behalf of opposite party
no. 2.
3. The petitioner apprehends his arrest in a case
registered for the offence under Sections 498-A, 418, 506,
120(B) of the Indian Penal Code and Section 3 & 4 of the
Patna High Court CR. MISC. No.7598 of 2026(5) dt.01-07-2026
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Dowry Prohibition Act.
4. Allegation against petitioner is of torture and
harassment to daughter of opposite party no. 2 on account of
non-fulfillment of additional demand of dowry.
5. Learned senior counsel for the petitioner submits
that petitioner has been falsely implicated in this case merely
because he happens to be husband of daughter of opposite
party no. 2. At no point of time, petitioner demanded any
dowry or committed torture with opposite party no. 2.
Petitioner as well as daughter of O.P. No. 2 are doctor and
permanent resident of U.S.A. and no such occurrence, as
alleged in the F.I.R., ever took place. As a matter of fact,
petitioner had filed a divorce case at Bath District Court in
Maine (U.S.A.) and on 28.06.2012, divorce judgment was
delivered, against which, daughter of O.P. No. 2 filed appeal on
16.08.2012, which was dismissed on 19.02.2013. The present
F.I.R. was lodged on 07.09.2012 i.e. after filing of appeal by
daughter of O.P.No.2 against decree of divorce (divorce order),
hence present case is itself an abuse of the process of law.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
7. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.7598 of 2026(5) dt.01-07-2026
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in the event of arrest or surrender within a period of four
months from the date of receipt/production of copy of this
order, let the petitioner, as named above, be enlarged on bail on
furnishing bail bond of Rs.20,000/- (twenty thousand) with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M. - XII, Patna in connection with Kadamkuan P.S. Case
No. 317 of 2012, subject to the conditions, as laid down under
Section 438(2) of the Cr.P.C. / Section 482 of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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