Shailendra Kumar @ Sailendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16437 of 2026 Arising Out of PS. Case No.-36 Year-2024 Thana- MAHILA P.S. District- Vaishali ====================================================== Shailendra Kumar @ Sailendra Kumar Son of Raj Kishore Prasad, R/o Village - Haraji, P.S. - Awtar Nagar, Distt. - Saran(Chapra). ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Supriya Kumari D/o Subhash Kumar, W/o Shailendra Kumar, R/o Village - Chak Sikandar, P.S. - Bidupur, Dist. - Vaishali. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachida Nand Rai, Advocate For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Mahila P.S. Case No. 36 of 2024, dated 08.07.2024, registered for the offences punishable under Sections 341, 323, 328, 325, 498A, 504, 511 read with Section 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.
3. As per allegation, after the marriage, additional demand of dowry started and on account of non-fulfillment of the same, the informant was subjected to cruelty.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.16437 of 2026(2) dt.25-03-2026 2/3 case. He further submits that the maximum punishment prescribed for the alleged offence is three years and as a matter of fact, on account of incompatibility of personality, the matrimonial dispute has arisen and hence, this false case has been filed.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. 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 receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Mahila P.S. Case No. 36 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the
Patna High Court CR. MISC. No.16437 of 2026(2) dt.25-03-2026 3/3 following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, 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.
(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. (Jitendra Kumar, J.) ravishankar/- U T