Patna High Court
Akash Dubey @ Akash Kumar DubeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nyaya Sanhita — s. 115(2), 2(3), 303(2), 35(2), 352, 81
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 379, 498A, 504, 506
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
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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
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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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