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Patna High Court

Anup Kumar Shah @ Anup KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for anticipatory bail.

Summary

Anup Kumar Shah applied for anticipatory bail after being implicated in a dowry harassment case involving offences under Sections 341, 323, 504, 506, 498A and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that Shah, as the husband, participated in torturing and harassing his wife for dowry and subsequently evicted her. Shah contended that he did not demand dowry, did not commit any offence, and that the case stemmed from a petty family dispute, citing his clean antecedents and a prior judgment supporting bail. The State opposed the bail. Considering the general and omnibus nature of the allegations, Shah's clean record, and the lack of specific evidence, the Court granted anticipatory bail, directing him to surrender within eight weeks and furnish a bail bond with sureties, subject to conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged dowry harassment and multiple IPC offences.
  • Whether the general and omnibus nature of the allegations and the petitioner's clean antecedents justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Indian Penal Code
  • Dowry Prohibition Act
  • Criminal Procedure
  • family dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85154 of 2025
                      Arising Out of PS. Case No.-9 Year-2023 Thana- MAHILA P.S. District- Bhojpur
                 ======================================================
                 Anup Kumar Shah @ Anup Kumar S/o Akshay Kumar Shah R/o Village -
                 Chaugai, P.S - Murar, District - Buxar

                                                                                    ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar
           2.    Neha Upadhyay D/o Sanjay Upadhyay R/o Village - Mainpura, P.S - Ara
                 Muffasil, District - Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Bipin Kumar, Advocate
                 For the State           :        Mr. Sanjay Kumar Tiwary, APP
                 For the Informant       :        None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   17-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. for the State.

                                2. Despite valid service of notice, nobody appears on

                   behalf of the informant/Opposite Party No. 2.

                                3. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 341, 323,

                   504, 506, 498A and 34 of the Indian Penal Code and Section 3

                   and 4 of the Dowry Prohibition Act.

                                4. The prosecution case, in nutshell, is that marriage

                   of the informant was solemnized with this petitioner as per

                   Hindu rites and rituals. It is alleged that after marriage, all the

                   F.I.R. named accused persons, including this petitioner,
Patna High Court CR. MISC. No.85154 of 2025(4) dt.17-03-2026
                                            2/3




          subjected the informant to torture and harassment due to non-

          fulfillment of demand of dowry and subsequently, ousted her

          from her matrimonial house.

                       5. It is submitted on behalf of petitioner that petitioner

          is quite innocent and has committed no offence. Petitioner has

          falsely been implicated in this case merely because happens to

          be husband of the informant and present case has been lodged

          due to petty family dispute. There are general and omnibus

          allegations. As a matter of fact, the petitioner at no point of time

          demanded any dowry or committed torture. It is further

          submitted that petitioner is ready to keep the informant, as his

          wife, with full honour and dignity. It is next submitted that the

          case is triable by the Magistrate. In this connection, learned

          counsel for the petitioner has relied upon a 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. Petitioner claims clean antecedents.

                       6. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of petitioner.

                       7. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and clean

          antecedents of the petitioner, the prayer for grant of anticipatory
             Patna High Court CR. MISC. No.85154 of 2025(4) dt.17-03-2026
                                                         3/3




                       bail to the petitioner is allowed.

                                    8. Accordingly, let the above named petitioner, in the

                       event of his arrest/surrender within a period of eight weeks from

                       today, 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 learned Sub-Divisional Judicial

                       Magistrate, Bhojpur at Ara in connection with Mahila P.S. Case

                       No. 09 of 2023, subject to condition as laid down under Section

                       482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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