Patna High Court
Mahendra Singh @ Mahendra Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court allowed the application for anticipatory bail, subject to payment of a demand draft of Rs. 2,10,000 to the opposite party and furnishing a bail bond of Rs. 10,000 each with two sureties.
Summary
The petitioners, Mahendra Singh, Subodh Singh and Sachin Singh, applied for anticipatory bail in connection with Complaint No. 729 of 2024 alleging offences under the Bhartiya Nyaya Sanhita and the Dowry Prohibition Act, including alleged dowry demands and fraudulent marriage. The prosecution alleged that the complainant had transferred a total of Rs. 3,50,000 to Sachin Singh, who later married another woman before the scheduled marriage to the complainant's daughter. The petitioners argued that the money had been partially paid back via a cheque of Rs. 50,000 and offered to pay the balance of Rs. 2,10,000 by demand draft. The Court, considering the payment already made and the willingness to pay the balance, granted anticipatory bail subject to the condition that the demand draft be handed over to the opposite party and that each petitioner furnish a bail bond of Rs. 10,000 with two sureties. The order was made under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, and the bail is to be effected within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged dowry and criminal offences under the Bhartiya Nyaya Sanhita and Dowry Prohibition Act
- Whether the payment of a demand draft and bail bond conditions are sufficient to justify granting anticipatory bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 115(2), 316(2), 318(4), 406, 482(2), 61
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- criminal procedure
- money transfer
- marriage fraud
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91274 of 2025
Arising Out of PS. Case No.-729 Year-2024 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
1. Mahendra Singh @ Mahendra Prasad Singh S/o- Late Ramjanam Singh R/v-
Gandhrap, P.O- Pogar, P.S. Rafiganj, Dist- Aurangabad
2. Subodh Singh S/o- Badhu Singh @ Bachu Singh R/v- Mahdipur, P.O-
Dosya, P.S.- Fesar Dist- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kedar Rai S/o- Late Kapil Rai R/v- W.No-19, DRL Colony Chuna Road Po
Ps- Dalmiyanagar Dist- Rohtas, A/P- DRL, Railway Q.NO-88, Jakhi BIgha
Ps- Dehri On Sone Dist- Rohtas
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 1162 of 2026
Arising Out of PS. Case No.-729 Year-2024 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
Sachin Singh @ Sachin Kumar Son of Mahendra Prasad Singh @ Mahendra
Singh R/o Village - Gandharap, P.S. - Rafiganj, Dist. - Aurangabad(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kedar Rai Late Kapil Rai DRL railway quarter no. 88, Jakhi bigha, P.S.
Dehri On-sone
2. Kedar Rai Son of Late Kapil Rai R/o Village - Ward no. 19, D.R.L. Colony,
Chuna Road, P.O. and P.S. - Dalmianagar, Dist. - Rohtas, at present residing
at D.R.I. Railway quarter no. 88, Jakhi Bigha, P.S. - Dehri - on - Sone, Dist.
- Rohtas(Bihar).
... ... Opposite Party/s
Patna High Court CR. MISC. No.91274 of 2025(4) dt.02-04-2026
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======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 91274 of 2025)
For the Petitioner/s : Mr. Aman Vishal
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur
(In CRIMINAL MISCELLANEOUS No. 1162 of 2026)
For the Petitioner/s : Mr. Aman Vishal
For the Opposite Party/s : Mr. Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 02-04-2026 1. Heard learned counsel for the petitioners, learned counsel
for the opposite party no. 2 and learned Additional Public
Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Complaint Case No. 729 of 2024, dated 06.07.2024,
disclosing offences under Sections 318(4)/406/61 of the
Bhartiya Nyaya Sanhita and Sections 3 and 4 of the
Dowry Prohibition Act, however, learned Magistrate has
taken cognizance under Sections 115 (2) and 316(2) of
the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per complaint lodged by
opposite party no. 2, is that the engagement ceremony of
the complainant’s daughter was performed with Sachin
Singh @ Sachin Kumar (petitioner in Cr. Misc. No. 1162
of 2026) on 14.03.2023. The complainant transferred a
sum of Rs. 1,00,000/- in the bank account of Sachin
Singh on 05.09.2023. Further, on 22.09.2023,
complainant transferred a sum of Rs. 50,000/- in bank
Patna High Court CR. MISC. No.91274 of 2025(4) dt.02-04-2026
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account of Sachin Singh and thereafter transferred a sum
of Rs. 2,00,000/- in Sachin Singh’s bank account, thus, a
total sum of Rs. 3,50,000/- was transferred through online
transaction. The date of other ceremonies i.e. Tilak and
Marriage was fixed on 04.03.2024, however, the
complainant came to know that Sachin Singh (petitioner
in Cr. Misc. No. 1162 of 2026) has solemnized marriage
with another girl, namely, Puja Kumari, on 21.02.2024 at
Ghaziyabad, Uttar Pradesh.
4. Learned counsel for the petitioners submits that Sachin
Singh (petitioner in Cr. Misc. No. 1162 of 2026) was
having love affair with some another girl and he
performed marriage with her prior to the date fixed for
marriage of petitioner-Sachin Singh with the daughter of
complainant. He further submits that pursuant to the
order, dated 23.02.2026, of the Co-ordinate Bench of this
Court, the petitioner-Sachin Kumar has issued a cheque,
bearing cheque no. 029096, of a sum of Rs. 50,000/- in
the favour of Kedar Ray and the cheque has been handed
over by learned counsel for the petitioners to Mr.
Dharmendra Kumar Singh, learned counsel for the
opposite party no. 2, in the Court itself. Learned counsel
Patna High Court CR. MISC. No.91274 of 2025(4) dt.02-04-2026
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further submits that balance amount of Rs. 2,10,000/-
shall be paid by way of Demand Draft prepared in the
name of opposite party no. 2 (Kedar Ray) on the date of
furnishing bail bond by the petitioners.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the nature of
allegation and the fact that a sum of Rs. 50,000/- has
already been paid in Court and petitioners are ready to
pay the balance amount of Rs. 2,10,000/- by way of
Demand Draft, I am inclined to grant the petitioners
privilege of anticipatory bail, subject to the condition that
a Demand Draft of a sum of Rs. 2,10,000/- prepared in
favour of opposite party no. 2 shall be handed over by the
petitioners to opposite party no. 2 at the time of
furnishing bail bond.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Sub
Divisional Judicial Magistrate, Sasaram, Rohtas, in
Patna High Court CR. MISC. No.91274 of 2025(4) dt.02-04-2026
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connection with Complaint Case No. 729 of 2024, subject
to the condition laid down under Section 482 (2) of the
Bhartiya Nagrik Suraksha Sanhita, 2023 and further
subject to the aforesaid condition.
(Anil Kumar Sinha, J)
ashwani/-
U T
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