Patna High Court
Ramashish Kumar @ Ramashish YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 323, 341, 354, 498A, 504, 506
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
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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
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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/-
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