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Patna High Court

Sujit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioner, finding that the circumstances did not warrant his detention.

Summary

The petitioner, Sujit Kumar, was arrested in connection with a dowry harassment complaint (Dehri Complaint Case No. 397 of 2024) alleging that he demanded dowry and mistreated his wife, Gayatri Kumari, after their Hindu marriage on 1 May 2018. The complaint cited offences under Section 85 of the B.N.S. and Section ¾ of the Dowry Prohibition Act, alleging humiliation, neglect of the child, and eventual ouster of the wife from the matrimonial home. The petitioner contended that no dowry was ever demanded, that the allegations were false, and that the wife had filed legal notices seeking divorce and later remarried another man. The complainant’s counsel admitted the existence of the divorce notice but did not dispute the factual matrix. Considering the divorce notice and the lack of evidence of dowry demand, the Court exercised its inherent powers under Section 482(2) of the B.N.S.S. and granted anticipatory bail to the petitioner subject to a bond and sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a dowry harassment case under Section 85 of the B.N.S. and Section ¾ of the Dowry Prohibition Act.
  • Whether the existence of a divorce notice and the complainant’s remarriage negate the likelihood of the petitioner committing the alleged offences.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 85
  • Section ¾
  • divorce notice
  • remarriage
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11489 of 2026
                   Arising Out of PS. Case No.-397 Year-2024 Thana- COMPLAINT CASE - DEHRI-ON-
                                                  SONE District- Rohtas
                 ======================================================
                 Sujit Kumar Son of Bidyasagar Prasad Sao @ Bidyasagar Prasad R/o Village
                 and Post - Biru Sahutola, P.S. - Simdega, District - Simdega, (Jharkhand).

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Bihar
           2.    Gayatri Kumari W/o Sujit Kumar R/o Village and Post - Biru Sahutola, P.S.
                 - Simdega, District - Simdega, (Jharkhand).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ajay Kumar Tiwari
                 For the Opposite Party/s :     Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   30-04-2026                  1. Heard learned counsel for the petitioner, learned

                   counsel for the complainant - Opposite Party No. 2 and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Dehri Complaint Case No. 397 of 2024 registered for the

                   offence punishable under Section 85 of the B.N.S. & Section ¾

                   of the D.P. Act

                                3. The prosecution case, as per the complaint petition,

                   is that the marriage of the complainant was solemnized with the

                   petitioner according to Hindu rites and rituals on 01.05.2018.

                   After marriage, all the accused persons, including the petitioner

                   taunted and humiliated her for bringing less dowry as the
Patna High Court CR. MISC. No.11489 of 2026(3) dt.30-04-2026
                                            2/3




          petitioner was working in the department of Railways and they

          make demand for an Alto Car. On 04.04.2019 the complainant

          gave birth to a girl child and it is alleged that the accused

          persons did not give proper food and medicine to her. Lastly, on

          14.08.2021 the complainant was ousted from her matrimonial

          home.

                       4. Learned counsel for the petitioner submits that

          petitioner has not committed any offence in the manner alleged

          and he has falsely been implicated in this case. The petitioner

          never demanded any dowry from the complainant or her father.

          The complainant herself deserted the petitioner for the reasons

          best known to her. A stand has been taken in paragraph no. 12 of

          the bail application that the complainant married with another

          boy namely Aditya Singh on 08.12.2022. It is further submitted

          that the complainant sent legal notice dated 18.10.2022 and

          08.11.2022 through Advocate upon the petitioner that she is not

          willing to lead conjugal life with petitioner.

                       5. Learned counsel for the complainant / Opposite

          Party No. 2 fairly accepts that the complainant sent legal notice

          through her Advocate upon the petitioner regarding her

          unwillingness to lead conjugal life with the petitioner and

          seeking divorce therein.
               Patna High Court CR. MISC. No.11489 of 2026(3) dt.30-04-2026
                                                           3/3




                                      6. Regard being had to the submission advanced by

                         the parties and taking into consideration the fact that notice was

                         given to the petitioner by the Opposite Party No. 2 for

                         dissolution of marriage, as such, 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

                         S.D.J.M., Dehri, Rohtas in connection with Dehri Complaint

                         Case No. 397 of 2024 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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