Birendra Kumar @ Birendra Das Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

Birendra Kumar @ Birendra Das Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all three petitioners: release upon arrest or surrender before the court below within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, before the Judicial Magistrate, 1st Class, Sherghati, Gaya, in connection with Imamganj Police Station Case No. 96 of 2025, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners in connection with Imamganj Police Station Case No. 96 of 2025 (offences under Sections 69/85, BNS 2023, and Sections 3/4, Dowry Prohibition Act). +1 more

Court's answer

Considering that the petitioners are brothers and sister of co-accused Subhash Kumar and that there is no specific allegation against them, the court inclined to grant them the privilege of anticipatory bail.

Ratio / Principle

Operative direction: on arrest or surrender before the court below within four weeks, the petitioners to be released on bail on a bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Sherghati, Gaya, in connection with Imamganj P.S. Case No. 96 of 2025, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (oral order dated 01-04-2026, Patna High Court, Anil Kumar Sinha, J) in CRL. MISC. No. 90928 of 2025, arising out of Imamganj P.S. Case No. 96 of 2025, District Gaya, disclosing offences under Sections 69/85 of the BNS, 2023, and Sections 3/4 of the Dowry Prohibition Act. Petitioners Birendra Kumar @ Birendra Das, Rajesh Kumar @ Rajesh Das and Soni Kumari are brothers and sister of co-accused Subhash Kumar; the FIR's dowry-demand allegation (Rs. 2 lakhs and a motorcycle) concerns his relatives/parents, and counsel pointed out that no specific allegation is made against the petitioners, who stand at the charge-sheet stage, with co-accused Subhash Kumar already on regular bail. On that footing the court extended the privilege of anticipatory bail: release on arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each before the Judicial Magistrate, 1st Class, Sherghati, Gaya, subject to the conditions under Section 438(2), Code of Criminal Procedure / Section 482(2), BNSS 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90928 of 2025

Arising Out of PS. Case No.-96 Year-2025 Thana- IMAMGANJ District- Gaya

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

1. Birendra Kumar @ Birendra Das S/o Bulu Das R/o Village - Kajarsot, P.S - Sherghati, District - Gaya

1. Rajesh Kumar @ Rajesh Das S/o Bulu Das R/o Village - Kajarsot, P.S - Sherghati, District - Gaya

Soni Kumari D/o Bulu Das R/o Village - Kajarsot, P.S - Sherghati, District - Gaya

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dudheshwar Singh, Adv. : Mr. Manish Kumar Singh, Adv. For the Opposite Party/s : Mr. Narsingh Tanti, App. ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

3 01-04-2026

Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Imamganj Police Station Case No. 96 of 2025, disclosing offences under Sections 69/85 of the BNS, 2023, and Sections 3 / 4 of the Dowry Prohibition Act.

As per the FIR, the marriage of the informant was settled with the co-accused Subhash Kumar, in which there was no agreement to pay dowry. However, the informant started talking with Subhash Kumar and by passage of time, they developed a love relationship. Subhash Kumar started coming to

Patna High Court CR. MISC. No.90928 of 2025(3) dt.01-04-2026 2/3

the house of the informant and established a sexual relationship with her, which was known to the family members also. When the parents of the informant requested the relatives of Subhash Kumar to fix the marriage, they demanded Rs. 2 lakhs and a motorcycle as dowry.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case and there is no specific allegation against the petitioners in the FIR. Petitioners are brothers and sister of Subhash Kumar and not the parents against whom there is allegation of demand of dowry. The charge sheet has been submitted and no cogent material has come against the petitioners. Co-accused Subhash Kumar has been granted regular bail by this Court.

Considering the fact that petitioners are brothers and sister of Subhash Kumar and there is no specific allegation against them, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

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) with two sureties of the like amount

Patna High Court CR. MISC. No.90928 of 2025(3) dt.01-04-2026 3/3

each to the satisfaction of learned Judicial Magistrate, 1^st Class, Sherghati, Gaya, in connection with Imamganj Police Station Case No. 96 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J)

HarshPandey/-

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