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Patna High Court

Akash Dubey @ Akash Kumar DubeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the lower court’s disposal of the anticipatory bail application, directing the petitioner to surrender and obtain regular bail, is valid and requires no interference.

Summary

The petitioner, Akash Dubey, applied for anticipatory bail in a complaint alleging dowry harassment and related offences under the IPC, Bhartiya Nyaya Sanhita and the Dowry Prohibition Act. He contended that the allegations were false and intended to harass him and his family. The lower court had disposed his bail application, directing him to surrender and seek regular bail in accordance with the Supreme Court’s decision in Satendra Kumar Antil v. CBI. The High Court examined the lower court’s order and the Supreme Court precedent and found no infirmity in the disposal. Consequently, the High Court upheld the lower court’s direction and disposed the anticipatory bail application without granting bail.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged dowry harassment and offences under the IPC, Bhartiya Nyaya Sanhita and the Dowry Prohibition Act.
  • Whether the lower court’s order directing the petitioner to surrender and obtain regular bail complies with the Supreme Court precedent in Satendra Kumar Antil v. CBI.
  • Whether there is any infirmity in the lower court’s disposal of the anticipatory bail application.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • false implication
  • regular bail
  • Indian Penal Code
  • Bhartiya Nyaya Sanhita
  • Dowry Prohibition Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88066 of 2025
                 Arising Out of PS. Case No.-1551 Year-2024 Thana- SIWAN COMPLAINT CASE District-
                                                         Siwan
                 ======================================================
                 Akash Dubey @ Akash Kumar Dubey S/O Late Siyaram Dubey Resident of
                 Village- Kodara, Post-Bishunpura, P.S. - Mairwa, District- Siwan, At present
                 Resident of Mohalla - Chalthan Highway, Near Raju Bhai JCB Garage, P.S.
                 -Barodara, District- Surat (Gujarat).
                                                                            ... ... Petitioner/s
                                                       Versus
           1.     The State of Bihar
           2.     Sinti Mishra @ Sinti Dubey W/O Akash Dubey , D/O Indrasen Dubey At
                  present Resident of Village- Sawan Bigrah, P.S- Daraunda, Distt.- Siwan.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Bijay Prakash Singh
                 For the Opposite Party/s :     Mr. Nirmal Kumar Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   19-03-2026         1. Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Complaint Case No. 1551 of 2024 disclosing offences

                            under Sections 498(A)/323/379/504/506 of the Indian

                            Penal Code and Sections 81/115(2)/303(2)/352/35(2)/2(3)

                            of the Bhartiya Nyaya Sanhita and Section 3/4 of the

                            Dowry Prohibition Act.

                       3.   The prosecution case, as per the complaint, is that the

                            marriage of the informant was solemnized with the

                            petitioner on 30.11.2020 in which the parents of the

                            informant gave cash of Rs. 3 Lakh and other household
Patna High Court CR. MISC. No.88066 of 2025(4) dt.19-03-2026
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                  articles including jewellery totaling to Rs. 8–10 Lakk.

                  After     the    marriage,      the    accused   persons   started

                  demanding a four wheeler car as dowry. Due to non-

                  fulfillment of demand of dowry the informant was

                  subjected to mental and physical harassment and assault.

                  Out of the wedlock a daughter was born which was not

                  welcomed by the accused persons. In the month of

                  October, 2023, the informant’s husband took informant to

                  his workplace at Gujarat, where he used to come in

                  drunken condition and assault the informant. On

                  08.04.2024,       the    informant       was   ousted   from   the

                  matrimonial home after taking her ornaments and other

                  articles.

              4. Learned counsel for the petitioner submits that the

                  petitioner has falsely been implicated in the present case

                  with malicious intention and to harass the petitioner as

                  well as his entire family. He next submits that after lapse

                  of about 5 years of marriage, the allegation of demand of

                  dowry, in the present FIR, has been alleged by the

                  informant in order to fulfill her unacceptable demand. He

                  further submits that allegation of demand of dowry and

                  torture against the informant is false.

              5. I have heard learned counsel for the parties concerned and
            Patna High Court CR. MISC. No.88066 of 2025(4) dt.19-03-2026
                                                        3/3




                              have gone through the impugned order.

                          6. Learned District and Additional Sessions Judge VIII,

                              Siwan, has disposed the bail application of the petitioner,

                              bearing A.B.P. No. 2524 of 2025, on 16.09.2025, giving

                              liberty to the petitioner to surrender and seek regular bail

                              on the basis of law laid down by the Hon’ble Supreme

                              Court, in the case of Satendra Kumar Antil v. CBI and

                              Anothers (Special Appeal No. 5191 of 2021), reported in

                              (2022) 10 SCC 51.

                          7. In the light of the fact that anticipatory bail application of

                              the petitioner has not been rejected and has been disposed

                              taking into consideration the judgment of Supreme Court

                              rendered in the case of Satendra Kumar Antil v. CBI

                              and Anothers (Special Appeal No. 5191 of 2021),

                              reported in (2022) 10 SCC 51 and the petitioner was

                              directed to surrender and get regular bail, I do not find

                              any infirmity in the order passed by learned District and

                              Additional Sessions Judge VIII, Siwan,

                          8. This application is, accordingly, disposed.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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