Akhilesh Sah Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

Akhilesh Sah Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender within a period of four weeks, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each, to the satisfaction of the learned Judicial Magistrate-1st, Benipatti, Madhubani, in connection with C.R. Case No. 234 of 2021, subject to the conditions laid down under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with C.R. Case No. 234 of 2021 (offences under Sections 498A, 379 IPC and Section 3/4 Dowry Prohibition Act), should be extended the privilege of anticipatory bail.

Court's answer

Since the matter had been settled amicably between the parties (complainant present in person pursuant to order dated 25.02.2025 and residing with her husband in the matrimonial home), the Court extended to the petitioner the privilege of anticipatory bail.

Ratio / Principle

Petitioner directed to be released on bail in the event of arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each, to the satisfaction of the learned Judicial Magistrate-1st, Benipatti, Madhubani, in connection with C.R. Case No. 234 of 2021, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail - Matrimonial dispute - Allegation that petitioner demanded Rs. 2,00,000/- in cash and one motorcycle as dowry and tortured complainant on non-fulfilment; offences under Sections 498A, 379 IPC and Section 3/4 Dowry Prohibition Act in C.R. Case No. 234 of 2021 (PS Case No. 234/2021, Thana Madhubani) - In compliance of order dated 25.02.2025, complainant appeared in person with her husband; matter settled amicably and complainant residing happily in matrimonial home - Privilege of anticipatory bail extended: petitioner to be released on bail in event of arrest or surrender within four weeks on bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of Judicial Magistrate-1st, Benipatti, Madhubani, subject to conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54538 of 2024

Arising Out of PS. Case No.-234 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani

====================================================== Akhilesh Sah Son of Chatu Sah Resident of Vill- Amanpur, P.S.- Charaut, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar

Geeta Devi Wife of Ahilesh Sah Resident of Vill- Amanpur, P.S.- Charaut, District- Sitamarhi

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Sah, Advocate For the Opposite Party/s : Mrs. Shaheen Begum, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

6 07-04-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with C.R. Case No. 234 of 2021 for the offence under Sections 498A, 379 of the I.P.C. and Section 3/4 of Dowry Prohibition Act.

It is a case of matrimonial dispute between the parties in which it is alleged against the petitioner that he demanded Rs. 2,00,000/- in cash and one motorcycle as dowry and due to nonfulfillment of same, she was subjected to torture variously.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged in the Complaint petition. The petitioner has falsely been implicated

Patna High Court CR. MISC. No.54538 of 2024(6) dt.07-04-2025 2/2

in this case by the complainant only to pressurise the petitioner to live in the paternal house of the complainant.

In compliance of the order dated, 25.02.2025, complainant along with her husband is present in-person before the Court. Learned counsel for the petitioner further submits that the matter has now been settled amicably between the parties and the complainant is residing happily with her husband in her matrimonial home. Now, there is no dispute between them.

Keeping in view the aforesaid facts, and as the matter has been settled amicably between the parties, this Court is inclined to extend him the privilege of anticipatory bail.

Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the fate of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1^st , Benipatti, Madhubani, in connection with C.R. Case No. 234 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J)

Ankit Kumar/- U T