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Patna High Court

Ramashish Kumar @ Ramashish YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond and sureties.

Summary

The petitioner, Ramashish Kumar, sought anticipatory bail fearing arrest in a dowry‑harassment complaint (Case No.1307/2022) alleging offences under IPC sections 323, 341, 354, 504, 506 and 498A. The prosecution alleged that after their 2016 marriage the petitioner demanded Rs 2 lakh as dowry, assaulted the complainant and expelled her from the matrimonial home. The petitioner’s counsel contended he is a daily‑wage labourer with no dowry demand, that the complainant left voluntarily, and that the allegations are false; he also claimed the complainant had remarried. The opposite party alleged the petitioner had entered a second marriage and was living with a second wife. Observing that the dispute is essentially matrimonial discord and both parties have remarried, the court exercised its inherent powers under Section 482(2) of the CrPC and granted anticipatory bail subject to a bond of Rs 10,000 and two sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged dowry demand, assault and other offences under the IPC.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • domestic violence
  • IPC
  • CrPC
  • marriage dispute
  • matrimonial discord

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.10311 of 2025
                  Arising Out of PS. Case No.-1307 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Ramashish Kumar @ Ramashish Yadav Son of Late Mangal Yadav Resident
                 of Village- Bairpura Ward no 15 PS -Chhaurahi District -Begusarai

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Sudha Kumari Wife of Ramashish Kumar Resident of Village- Bairpura
                 Ward no 15 PS -Chhaurahi District -Begusarai At present Daughter of Dhruv
                 naryan Yadav, village- Muraul, Ward no. 8, ps- Bithan, Dist- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s         :       Mr.Bijay Bhushan Prasad
                 For the Opposite Party/s     :       Mr.Anish Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

6   11-02-2026        1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Complaint Case No. 1307 of 2022 dated 08.08.2022 registered

                   for the offence punishable under Sections 323, 341, 354, 504,

                   506, 498(A) of the I.P.C.

                       3. The prosecution case in short is that the marriage of the

                   complainant was solemnized with the petitioner according to

                   Hindu rites and rituals in the year 2016. It is alleged that since

                   the day of marriage the husband of the complainant started

                   demanding Rs. 2 Lacs in the form of dowry and due to non

                   fulfillment of the demand all the accused persons including the

                   husband abused and assaulted the complainant and thereafter
Patna High Court CR. MISC. No.10311 of 2025(6) dt.11-02-2026
                                            2/3




          she was ousted from her matrimonial home.

              4. Mr. Bijay Bhushan Prasad, learned counsel for the

          petitioner submits that petitioner is innocent and has falsely

          been implicated in this case. He further submits that petitioner is

          a daily wage labourer having meager income and is working in

          Bangalore for his livelihood whereas the complainant wants to

          live a luxurious life. He further submits that the complainant is a

          stubborn lady who in order to evade her responsibility towards

          old in-laws started to put pressure upon the petitioner for separa-

          tion and on this issue left her matrimonial home and started

          living in her paternal house. He also submits that neither any

          dowry demand has been made from the complainant by the peti-

          tioner or any of his family members nor the complainant has

          been subjected to any type of assault or torture at any point of

          time. He next submits that the complainant has solemnized

          marriage with another person.

              5. On the other hand, learned counsel for the complainant /

          Opposite Party No. 2 submits that petitioner has also performed

          second marriage, which the petitioner has accepted, and he is

          living with his second wife.

              6.   Considering the fact that dispute relates to marriage

          discord between the parties as well as the fact that both the
               Patna High Court CR. MISC. No.10311 of 2025(6) dt.11-02-2026
                                                           3/3




                         parties have solemnized another marriage, accordingly, I am

                         inclined to grant privilege of anticipatory bail to the petitioner.

                             7. Let the petitioner, above named, in the event of his arrest /

                         surrender before the learned court below within a period of six

                         weeks from today be released on anticipatory bail on furnishing

                         bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

                         like amount each to the satisfaction of learned Additional Chief

                         Judicial Magistrate-II, Samastipur in connection with Complaint

                         Case No. 1307 of 2022 subject to the condition as laid down

                         under Section 482(2) of the B.N.S.S.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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