Court Grants Bail Amid Allegations of Dowry and Cruelty, Reinforcing Legal Precedents
In a significant ruling, the Patna High Court on December 17, 2025, granted anticipatory bail to Aashik Kumar Sah in connection with a matrimonial dispute case involving allegations of cruelty and dowry demands, underlining the importance of adjudicating anticipatory bail petitions on their merits. The case, Criminal Miscellaneous No. 63385 of 2025, was presided over by Justice Jitendra Kumar, who emphasized that anticipatory bail petitions remain maintainable even for offenses punishable by imprisonment up to seven years. This decision aligns with the principles set forth in the Arnesh Kumar and Satyendra Kumar Antil cases, ensuring that individual liberty is not curtailed without necessity.
The petitioner, Aashik Kumar Sah, faced charges under Section 498A of the Indian Penal Code, following allegations by his wife of demands for money, threats of physical harm, and separation due to matrimonial discord. Despite the Sessions Court initially disposing of the bail petition without a decision, the High Court scrutinized the precedent and statutory provisions, reaffirming the duty of jurisdictional courts to adjudicate such petitions.
Justice Kumar criticized the Sessions Judge's approach, stating it was contrary to established legal norms and precedents, including the recent judgment in Navneet Kumar Singh v. State of Bihar. The Court reiterated that anticipatory bail petitions must be decided on merit, rather than disposed of based on judicial precedents that do not explicitly restrict such petitions.
On the merits, the Court noted the complainant-wife's willingness to reconcile and live with her husband, coupled with her advanced pregnancy, underscoring the absence of immediate necessity for arrest. Consequently, the Court granted anticipatory bail to the petitioner, subject to conditions, to safeguard his liberty while allowing the complainant to pursue alternative legal remedies such as restitution of conjugal rights and maintenance.
This ruling is expected to have broad implications for similar cases, reaffirming the judiciary's commitment to individual rights and due process, while also guiding lower courts on the proper adjudication of anticipatory bail petitions.
Bottom Line:
Anticipatory bail petitions, even in cases punishable up to seven years of imprisonment, are maintainable under Section 438 Cr.PC/482 B.N.S.S., 2023. Sessions Judges are duty-bound to decide anticipatory bail petitions on merits by either allowing or rejecting them, and not merely disposing them off in light of judicial precedents.
Statutory provision(s): Section 438 Cr.PC, Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023, Section 498A IPC, Sections 3 and 4 of the Dowry Prohibition Act, Section 67 of the I.T. Act
Aashik Kumar Sah @ Ashik Kumar Sah v. State of Bihar, (Patna) : Law Finder Doc Id # 2826193
