Pintu Kumar Sao vs The State Of Bihar on 15 July, 2026

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    Patna High Court – Orders

    Pintu Kumar Sao vs The State Of Bihar on 15 July, 2026

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.24043 of 2026
                        Arising Out of PS. Case No.-1322 Year-2023 Thana- BHOJPUR COMPLAINT CASE
                                                         District- Bhojpur
                     ======================================================
                     Pintu Kumar Sao Son of Vijay Sao R/o Village - Akhgaon, P.S. - Sandesh,
                     Dist. - Bhojpur.
    
                                                                                 ... ... Petitioner/s
                                                        Versus
               1.    The State of Bihar
               2.    Priti Kumari R/o Village - Akhgaon, P.S. - Sandesh, Dist. - Bhojpur at
                     present D/o Umesh Sao @ Umesh Sah, R/o Village - Phulari, P.S. - Sandesh,
                     Dist. - Bhojpur.
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :    Mr. Shiv Prasad Gupta, Advocate
                     For the Opposite Party/s :    Mr. Jharkhandi Upadhyay, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                           ORAL ORDER
    
    3   15-07-2026

    Heard the learned counsel for the petitioner, the

    learned counsel appearing on behalf of the opposite party no. 2

    SPONSORED

    and the learned APP for the State.

    2. The petitioner apprehend his arrest in connection

    with Complaint Case no. 1322 C of 2023, registered under

    Sections 147, 148, 341, 323, 379, 498 (A), 504, 506, 34 of

    Indian Penal Code and ¾ Dowry Prohibition Act.

    3. That the prosecution allegations as per the

    complaint filed by the complainant is that, her marriage was

    solemnized on 28.11.2021 and after marriage she went to her

    matrimonial home. She lived there for about two months and

    thereafter the petitioner and other co-accused persons started
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    demanding dowry to the tune of Rs. 2,00,000/- from the

    complainant. When the demand of the petitioner and others was

    not fulfilled, they started torturing, abusing and assaulting the

    complainant and used to keep her without any food. When her

    parents objected to her being ill treated, the accused persons

    informed that till of demand of dowry will not be fulfilled, the

    complainant will not be allowed to live in her matrimonial

    home. It is further alleged that the accused persons also took her

    signature on two blank sheets of paper and ousted her from her

    matrimonial house on 28.03.2022. The petitioner at that time

    was pregnant and when the father of the complainant requested

    the accused persons to perform vidai, a panchayati was also

    held, but nothing fruitful came. It has been further alleged in the

    complaint petition that on 01.09.2022, the complainant gave

    birth to a girl child, however the petitioner or the other co-

    accused persons never came to see the new-born baby. The

    complainant went to her matrimonial house on 03.07.2023,

    however after one week the accused persons, including the

    petitioner, again started torturing and assaulting the

    complianant. On 01.08.2023 when the complainant was

    confined in a room, she called her father at around 11:00 in the

    night. Thereafter the father of the complainant came along with
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    the police and took her with him.

    4. The learned counsel for the petitioner submits that

    the petitioner is the husband and no demand of dowry has been

    made from the complainant. He submits that the petitioner is

    still ready and willing to keep the complainant as his wife and

    the matter was referred to the Patna High Court Mediation

    Center, where mediation was also held in between the parties,

    however the matter could not be settled through the process of

    mediation and the mediator sent his report on 23.06.2026. The

    learned counsel for the petitioner submits that he is still ready

    and willing to reconcile the matter, however the complainant is

    not ready to live with her. He further submits that the petitioner

    is an accused in one another case filed by the complainant

    bearing Sandesh P.S. Case No. 246 of 2024.

    5. Per contra, the learned counsel appearing on behalf

    of the complainant/opposite party no. 2 submits that the

    complainant wants to live with her husband (petitioner therein),

    however due to torture and assault it is not possible to live with

    the petitioner. He submits that a Maintenance Case No. 93 0f

    2023 is pending in between the parties, wherein on the date

    fixed i.e. 23.08.2024, the complainant went with her husband

    but on the same day she was assaulted by the petitioner, for
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    which she was forced to lodge Sandesh P.S. Case No. 246 of

    2024.

    6. The learned APP appearing on behalf of the State

    also opposes the prayer for bail of the petitioner.

    7. Considering the rival submissions and after going

    through the records, it appears that the petitioner is ready to

    reconcile the matter and to keep the complainant as his wife,

    however as per the statement given by the learned counsel for

    the complainant, on her instructions, she is not ready to go with

    her husband on account of fear of assault and torture.

    Considering the above, let the petitioner, in the event of his

    arrest or surrender before the learned Court below within a

    period of six weeks, be released on anticipatory bail in

    connection with Complaint Case no. 1322 C of 2023, on each of

    them furnishing bail bond of Rs.10,000/- (Rupees Ten

    Thousand) each with two sureties of the like amount each to the

    satisfaction of the learned Chief Judicial Magistrate Bhojpur at

    Ara, subject to the condition laid down under Section 438(2) of

    the Cr.P.C., and subject to the following conditions:-

    (I) That the learned court concerned shall verify the

    criminal antecedent of the petitioner and in case at any stage, it

    is found that the petitioner has concealed his criminal
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    antecedent, the court concerned shall take step for cancellation

    of bail bond of the petitioner. However, the acceptance of bail

    bond in terms of the above-mentioned order shall not be delayed

    for purpose of or in the name of verification.

    (Ritesh Kumar, J)
    shital/-

    U          T
     



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