Patna High Court
Shashi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Bail is granted to the petitioner subject to a cash bond, sureties and strict conditions of appearance and non‑interference with the investigation.
Summary
Shashi Kumar petitioned the Patna High Court for bail after a complaint (No. 1203 of 2023) was lodged against him under IPC section 498A read with sections 3 and 4 of the Dowry Prohibition Act. The court noted a conciliatory meeting between the petitioner and his wife, during which they agreed to travel to the wife's hometown, then to the petitioner's parents' house, and finally leave Bihar for Jalandhar where the petitioner is employed. Considering this positive development, the court decided to grant bail, subject to a bond of Rs.10,000 with two sureties and several conditions relating to appearance, cooperation with police, and non‑interference with witnesses. The bail is to be effective if the petitioner is arrested or surrenders within four weeks of the order. The order emphasizes that any breach of the conditions may lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner pending trial in a dowry harassment case under IPC 498A and the Dowry Prohibition Act.
Legislation cited
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- bail
- dowry harassment
- IPC 498A
- Dowry Prohibition Act
- criminal miscellaneous petition
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76943 of 2025
In
CRIMINAL MISCELLANEOUS No.28606 of 2025
Arising Out of PS. Case No.-1203 Year-2023 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Shashi Kumar S/O Girijesh Thakur @ Girajesh Thakur R/O Vill.- Sohraiya,
P.S.- Paras Bigha, Dist.- Jahanabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Raja Ram Thakur S/O Late Parmeshwar Thakur R/O Vill.- Bankipur
Machhariawa, P.S.- Fatuha, Dist.- Patna.
3. Moni Kumari ,w/o Shashi Kumar, D/o Raja Ram Thakur R/o village -
Sohraiya, P.S. Paras Bigha , Dist- Jehanabad (Bihar) presently Residing at
village- Bankipur Machhariawa, p.s.- Fatuha Dist Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, A.P.P.
For the Informant : Mr. Premchandra Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 24-04-2026 Heard Mr. Abhay Kumar Singh, learned counsel for
the petitioner and Mr. Premchandra Yadav, learned counsel for
the informant besides Mr. Jitendra Kumar Singh, learned A.P.P.
for the State.
2. The petitioner is apprehending his arrest in
connection with Complaint Case No. 1203 of 2023 for the
offence under sections 498 (A) of the Indian Penal Code read
with Section 3/4 of the Dowry Prohibition Act lodged on
08.11.2023 by the complainant, Moni Kumari.
Patna High Court CR. MISC. No.76943 of 2025(6) dt.24-04-2026
2/4
3. Pursuant to the last order, the couple is present in
the court and after a short meeting between them, they are
agreed to:-
(i) the petitioner along with his wife
(who is present in the court) shall be visiting the
lady’s hometown at Bankipur Machhariawa, Police
Station- Fatuha, District-Patna (Bihar);
(ii) from there, the husband will be
taking his wife and son to his parents’ home at
Sohraiya, Police Station- Paras Bigha, District-
Jehanabad (Bihar);
(iii) thereafter, the couple shall be
leaving the State of Bihar for Jalandhar along
with the son where the petitioner is having his job
at ‘the ESIC’. The husband has provided the ticket
details (purchased by him) which shows that they
will be leaving Patna for Jalandhar by Durgiana
Exp, Train no. 12357, PN.R No. 6600089725 on
2.05.2026.
4. Considering the positive development that has
taken place between the couple, as recorded above, this Court is
inclined to extend him relief.
Patna High Court CR. MISC. No.76943 of 2025(6) dt.24-04-2026
3/4
5. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate,
Patna city, Patna in connection with Complaint Case No. 1203
of 2023 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
Patna High Court CR. MISC. No.76943 of 2025(6) dt.24-04-2026
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(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vashudha/-
U T
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