Created by Fuzzy Cloud

Patna High Court

Shashi KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                         4/4




                                    (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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.