Patna High Court
Birendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner under Section 482 of the B.N.S.
Summary
The petitioner, Birendra Kumar, filed an anticipatory bail petition fearing arrest in a case (Mahila P.S. Case No. 16 of 2025) alleging matrimonial cruelty, dowry demand and related offences under Sections 126(2), 115(2), 85, 352, 351, 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. He contended that the allegations were false, that he never demanded dowry or inflicted cruelty, and that the complainant, his wife Puja Kumari, has a history of filing similar cases, citing two prior complaints in 2018 and 2019. The State of Bihar opposed the petition, but no counsel appeared for the second opposite party. The Court examined whether the petitioner was likely to be arrested and whether the case warranted anticipatory bail under Section 482 of the B.N.S. Considering the petitioner's claim of false implication and the repetitive nature of the complaints, the Court granted anticipatory bail. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties if arrested within eight weeks, subject to the conditions of Section 482.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the B.N.S. in view of the allegations of matrimonial cruelty and dowry demand.
- Whether the allegations against the petitioner are false and constitute an abuse of the legal process.
- Whether the petitioner is likely to be arrested in the pending case.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 3(5), 351, 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- matrimonial cruelty
- false allegations
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10828 of 2026
Arising Out of PS. Case No.-16 Year-2025 Thana- MAHILA P.S. District- Lakhisarai
======================================================
Birendra Kumar S/o- Gena Lal Yadav R/o- Teliya Nawatolya PS- Fulli
Dummar Distt- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Puja Kumari D/o- Rajiv Kumar Bharti R/v- Parsotimpur Ps- Ranjan Dist-
Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surya Narayan Kumar, Advocate
For the Opposite Party/s : Mr.Rajiv Nayan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 01-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State. Despite filing vakalatnama, nobody appears
on behalf of opposite party no. 2.
2. The petitioner, husband of the opposite party no. 2,
apprehends his arrest in a case registered for the offence under
Sections 126(2), 115(2), 85, 352, 351, 3(5) of the B.N.S. and
Section 3 & 4 of the Dowry Prohibition Act.
3. Allegation against petitioner is of matrimonial
cruelty and demand for dowry and due to non-fulfillment of
same, he ousted opposite party no. 2 from her matrimonial
home.
4. While denying the allegations made in the present
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petition, learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case merely
because he happens to be husband of opposite party no. 2. At
no point of time, petitioner demanded any dowry or committed
torture with opposite party no. 2. He further submits that
informant/opposite party no. 2 is in habit of filing such type of
cases. Earlier also, for same set of allegation, she (opposite
party no. 2) has filed two cases, vide (i) Bhagalpur Sadar
Women’s P.S. Case No. 50 of 2018 under Sections 498(A),
313, 3431, 323, 504, 506, 34 of the I.P.C. & Section 3 / 4 of the
Dowry Prohibition Act and (ii) Bhagalpur Sadar Women’s P.S.
Case No. 4 of 2019 under Sections 498(A), 341, 323, 342, 504,
506, 34 of the I.P.C. The instant case is 3 rd in series. Moreover,
the case is triable by the learned Magistrate.
5. Considering the aforesaid facts and circumstances,
the present anticipatory bail petition is allowed. Accordingly, in
the event of arrest or surrender within a period of eight weeks
from today, let this petitioner, as named above, be enlarged on
bail on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned S.D.J.M., Lakhisarai / concerned Court in connection
with Mahila (Lakhisarai) P.S. Case No. 16 of 2025, subject to
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the conditions, as laid down under Section 482 of the B.N.S.S.,
2023.
(Prabhat Kumar Singh, J)
anay
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