Allowed¶24

Neeraj Poddar @ Neeraj Kumar @ Niraj Poddar v. The State of Bihar

Patna HC4 Sept 2025CR. MISC./32771/2025

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; pre-arrest bail; Patna High Court; Criminal Miscellaneous No.32771 of 2025; order dated 04-09-2025; Jitendra Kumar J.; Saharsa Complaint Case No. 505(c)/2024; PS Case 505 of 2024; dowry cruelty; Sections 323 326 341 498(A) 34 IPC; Section 3/4 Dowry Prohibition Act; Section 482(2) BNSS 2023; Arnesh Kumar (2014) 8 SCC 273 (referred); bail bond Rs. 10,000 with two sureties; Opposite Party absent despite notice; first bail application; no criminal antecedent stated.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on bail on arrest or surrender within eight weeks, on bail bonds of Rs. 10,000/- with two sureties of like amount, subject to Section 482(2) B.N.S.S., 2023 conditions and two additional bond-cancellation conditions. ¶24

Neeraj Poddar @ Neeraj Kumar @ Niraj Poddar Vs The State of… — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Saharsa Complaint Case No. 505(c)/2024 (cognizance under Sections 323, 326, 341, 498(A) and 34 IPC and Section 3/4 Dowry Prohibition Act), is entitled to anticipatory bail.

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Ratio / Principle

The anticipatory bail petition is allowed: the petitioner is directed to be enlarged on bail in the event of his arrest or surrender before the court below within eight weeks of receipt/production of a copy of the order.

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Key takeaways

Bail is on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the court below, subject to Section 482(2) B.N.S.S., 2023 and two further conditions: bonds cancellable if criminal antecedents were concealed, and if the statement regarding a previous bail petition proves wrong.ratio¶26

Detailed headnote1 paragraphs

Anticipatory bail - High Court of Judicature at Patna (Jitendra Kumar, J.), order dated 04-09-2025 in Criminal Miscellaneous No.32771 of 2025 arising from PS Case No. 505 of 2024, Saharsa Complaint Case, District Saharsa. Petitioner Neeraj Poddar sought bail apprehending arrest in Saharsa Complaint Case No. 505(c)/2024, wherein cognizance was taken under Sections 323, 326, 341, 498(A) and 34 IPC and Section 3/4 of the Dowry Prohibition Act. Allegation: after the 2023 marriage the complainant-wife, initially treated properly for about one and a half months, was subjected to cruelty over non-fulfilment of an additional dowry demand. Opposite Party No. 2 (Rupa Devi) did not appear despite valid notice; the State opposed through the learned A.P.P. Petition allowed: petitioner directed to be enlarged on bail on arrest or surrender within eight weeks, on bail bonds of Rs. 10,000/- with two sureties of like amount, subject to Section 482(2) B.N.S.S., 2023, with conditions enabling the court below to cancel bonds if criminal antecedents were concealed or the statement regarding a previous bail petition is wrong. Counsel's invocation of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 is recorded; this Court did not expressly engage with it.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32771 of 2025

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Arising Out of PS. Case No.-505 Year-2024 Thana- SAHARSA COMPLAINT CASE District- Saharsa

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======================================================

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Neeraj Poddar @ Neeraj Kumar @ Niraj Poddar S/o Chandeshwari Poddar, R/o Mohalla- Shivpuri, Ward No. 05, P.S.- Saharsa, District- Saharsa.

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... ... Petitioner

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Versus

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The State of Bihar.

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Rupa Devi W/o Neeraj Poddar, D/o Subodh Poddar, R/o Village- Sirrahi, P.S.- Sonbarsa Raj, District- Saharsa.

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Singh, Advocate For the State : Mr. Ramchandra Sahni, APP For the O.P. No.: None. ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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3 04-09-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Nobody appears on behalf of the Opposite Party No. 2 despite valid service of notice.

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The petitioner seeks bail, apprehending his arrest, in connection with Saharsa Complaint Case No. 505(c) / 2024, in which cognizance has been taken under Sections 323, 326, 341, 498(A) and 34 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act.

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As per allegation, after the marriage in the year 2023, the complainant-wife joined the maternal home of the petitioner-husband and she was treated properly for one and a half

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Patna High Court CR. MISC. No.32771 of 2025(3) dt.04-09-2025 2/3

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month, and thereafter, on account of non-fulfillment of additional demand of dowry, she was subjected to cruelty in various ways.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that on account of normal wear and tear of married life, marriage is not working, and hence, the complainant has filed this false case with an intention to harass the petitionerhusband. He also submits that maximum punishment prescribed for the alleged offence is three years and in the light of case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273. , the petitioner is entitled to get anticipatory bail.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved before this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.

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However, learned A.P.P. for the State vehemently opposes the prayer of the petitioner for bail.

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Considering the aforesaid facts and circumstances, this petition is allowed , directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the Court below within a period of eight weeks from the date of

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Patna High Court CR. MISC. No.32771 of 2025(3) dt.04-09-2025 3/3

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receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Saharsa Complaint Case No. 505(c) / 2024 , subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023 and on the following conditions:

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(i) In case, it is brought to the notice of the Court below that the petitioner has any criminal antecedents, learned Court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(ii) In case, it is brought to the notice of the Court below that statement regarding previous bail petition is wrong, learned Court below shall cancel the bail bonds of the petitioner.

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Shahnawaz/-

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U T

Neeraj Poddar @ Neeraj Kumar @ Niraj Poddar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Neeraj Poddar @ Neeraj Kumar @ Niraj Poddar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Cases cited

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