Shailesh @ Sailesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34522 of 2025 Arising Out of PS. Case No.-493 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Shailesh @ Sailesh S/O Triloki Nath Sah Resident of Village- Dalki No. 2, P.S.- Dokati, District- Balia (Uttar Pradesh). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari Gupta W/O Shailesh, D/O Kamendra Prasad Gupta at present R/O Muhalla- Mirganj (Ara), P.S- Ara Nagar, Distt.- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Ms.Sangeeta Sharma, APP For the Complainant :

Ms. Priya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-11-2025 Heard the parties.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 493 of 2023, registered for the offence punishable under Section 498(A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. The allegation, as per the complaint case, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 02.03.2020 and at the time of marriage the father of the complainant gave house-hold articles, jewellery, other articles worth Rs. 3 lakhs and Rs. 3 lakhs in cash. After some time, the in-laws started misbehaving and assaulting her. It is further alleged in the complaint petition that the husband and in-

Patna High Court CR. MISC. No.34522 of 2025(4) dt.15-11-2025 2/3 laws started demanding the land at Arrah as dowry and on refusal by the complainant, they abused and assaulted the complainant. In the meantime, the complainant gave birth to a male child. Still the husband and in-laws did not stop and continued demanding dowry and beating her. It is alleged in the complaint petition that her second child, which was female, died only after one month of the birth because the accused persons used to beat her severely during her pregnancy perioid. It is further alleged in the complaint petition that the husband and inlaws threaten her to kill.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. The petitioner never demanded any dowry either in kind or cash.

5. Learned counsel for the Opposite Party No. 2 vehemently opposed the prayer for anticipatory bail. He submits that the matter was referred for mediation vide order dated 20.08.2025 but despite sincere efforts of the learned Mediator the mediation failed (Mediation Report-Flag-'M').

6. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner constantly harassed the complainant due to non-fulfilment of

Patna High Court CR. MISC. No.34522 of 2025(4) dt.15-11-2025 3/3 demand of dowry and also tortured and beaten her brutally, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

7. However, if the petitioner surrenders and seeks regular bail, it is expected that the learned court below shall consider the prayer for bail on its own merit without being prejudiced by the fact that the present anticipatory bail application has been rejected by this Court.

(Anil Kumar Sinha, J) P.K.P./- U