Allowed¶23

Rahul Bindeshwari Sah @ Rahul Sah @ Rahul Vindeshwari Saah v. The State of Bihar

Patna HC9 Jan 2025CR. MISC./90312/2024

Case brief

AI extract

What is this about?

Anticipatory bail allowed; S.498A IPC and Ss.3 & 4 Dowry Prohibition Act; Basantpur (LNG) P.S. Case no.24 of 2024, District Siwan; husband-wife dowry demand (four wheeler) and torture allegation; counselling in trial court failed; no criminal antecedent; arrest/surrender within four weeks; bail bond Rs.10,000/- with two like sureties; S.D.J.M. Siwan; Justice Partha Sarthy; 09-01-2025.

What did the court decide?

Anticipatory bail in connection with Basantpur (LNG) P.S. Case no.24 of 2024: petitioner to be released on arrest or surrender before the learned Court below within four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Siwan. ¶23

Rahul Bindeshwari Sah @ Rahul Sah @ Rahul Vindeshwari Saah… — 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 connection with Basantpur (LNG) P.S. Case no.24 of 2024 (registered under section 498A IPC and sections 3 and 4 of the Dowry Prohibition Act), should be released on anticipatory bail.

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Court's answer

Anticipatory bail was granted taking into consideration the nature of the allegation against the petitioner in the FIR and the fact that the petitioner has no criminal antecedent.

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Ratio / Principle

The petitioner is to be released on anticipatory bail in connection with Basantpur (LNG) P.S. Case no.24 of 2024 in the event of his arrest or surrender before the learned Court below within a period of four weeks.

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Key takeaways

The anticipatory bail is conditional on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Siwan.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail granted - Patna High Court (Justice Partha Sarthy), Criminal Miscellaneous No.90312 of 2024, decided 09-01-2025. Petitioner, the husband of the informant/opposite party no.2, apprehended arrest in Basantpur (LNG) P.S. Case no.24 of 2024 registered under section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act on allegations of demand of a four wheeler vehicle and physical and mental torture. Granting bail, the Court took into consideration the nature of the allegation in the FIR and that the petitioner had no criminal antecedent; petitioner to be arrested or surrender within four weeks and released on a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Siwan.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90312 of 2024

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Arising Out of PS. Case No.-24 Year-2024 Thana- BASANTPUR District- Siwan

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Rahul Bindeshwari Sah @ Rahul Sah @ Rahul Vindeshwari Saah S/oVindeshwari Gupta Resident of Village -Kathua , PS-Daraudha , Dist- Siwan

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... ... Petitioner/s

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Versus

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The State of Bihar

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Pooja Kumari W/o- Rahul Bindeshwari Sah @ Rahul Sah @ Rahul Vindeshwari Saah, D/o- Dhrup Prasad R/o Village- Lakhnaura , PS-Lakri Naviganj, Dist - Siwan

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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2 09-01-2025

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Heard learned counsel for the parties.

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The petitioner in this application prays for bail apprehending his arrest in connection with Basantpur (LNG) P.S. Case no.24 of 2024 registered for the offence punishable under section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

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As per the prosecution case, the informant states that she was married to the petitioner herein. The accused persons kept her well for sometime but soon thereafter the accused started making demand of a four wheeler vehicle. She was physically and mentally tortured and was forced out of the house.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the

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Patna High Court CR. MISC. No.90312 of 2024(2) dt.09-01-2025 2/2

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reason that he happens to be the husband of the informant. The allegation of demand of dowry and torture etc. are all false and concocted. The petitioner has always been ready to amicably settle the dispute between the parties and to reside together, however inspite of counselling held in the learned Court below, the same failed. The petitioner has no criminal antecedent. He undertakes to cooperate in the case.

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The application for bail is opposed by learned A.P.P. for the State.

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Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR and the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Basantpur (LNG) P.S. Case no.24 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Siwan.

Rahul Bindeshwari Sah @ Rahul Sah @ Rahul Vindeshwari Saah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Bindeshwari Sah @ Rahul Sah @ Rahul Vindeshwari Saah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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