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Patna High Court

Parmatma Kumar @ Parmatma SaoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Parmatma Kumar, faced a complaint (Case No. 308/2024) alleging that he and others demanded a dowry of Rs. 2 lakh, tortured the complainant, and evicted her from the matrimonial home. He applied for anticipatory bail, contending that he was falsely implicated and that the allegations were vague and stemmed from a marital dispute. The court noted that the complaint referenced sections of the Bharatiya Nyaya Sanhita, 2023 and the D.P. Act, but observed that the allegations were general, omnibus, and lacked specific evidence, with the complainant failing to appear despite notice. Considering the petitioner’s status as a daily‑wage labourer and the matrimonial nature of the dispute, the court was inclined to grant bail. Consequently, the anticipatory bail application was allowed, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail can be granted in a dowry‑related offence under the Bharatiya Nyaya Sanhita, 2023 and the D.P. Act
  • Whether the nature of the allegations and lack of specific evidence justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • matrimonial dispute
  • Bharatiya Nyaya Sanhita
  • D.P. Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1288 of 2026
                 Arising Out of PS. Case No.-308 Year-2024 Thana- COMPLAINT CASE-ARWAL District-
                                                         Arwal
                 ======================================================
                 Parmatma Kumar @ Parmatma Sao son of Rajesh Saw Resident of Village
                 -Amir Bigha PS- Kaler, Dist -Arwal

                                                                                ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Sarswati Kumari Daughter of Sarvish Sao Resident Of Village- Mubarakpur
                 Kurtha, Ps- Kurtha, Dist- Arwal

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Kamlesh Kumar, Advocate
                 For the State           :      Mr. Nawal Kishore Pd., A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   04-05-2026                    Heard learned Counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. This application for grant of anticipatory bail arises

                   out of Complaint Case No. 308 of 2024, registered for the

                   offence under Section 85 of the Bharatiya Nyaya Sanhita, 2023.

                   However, as per the cognizance order, the complaint has been

                   filed referring to Sections 126, 115, and 85/3 of the Bharatiya

                   Nyaya Sanhita and Section 3/4 of the D.P. Act.

                                 3. As per the complaint, the allegation against the

                   petitioner is that the marriage of the complainant was

                   solemnized with the petitioner in the year 2020. After some

                   time, the petitioner and other accused persons started
Patna High Court CR. MISC. No.1288 of 2026(4) dt.04-05-2026
                                            2/3




          demanding a sum of Rs. 2 lakhs as dowry and due to non-

          fulfilment of the said demand, they tortured the complainant

          physically as well as mentally. Subsequently, ousted her from

          her matrimonial home where she is residing since 11.10.2024

                       4. Learned Counsel for the petitioner submits that

          petitioner has not committed any offence in the manner alleged

          and he has been falsely implicated in this case along with entire

          family members on the basis of general and omnibus allegation.

          The petitioner is a daily wage labourer and the complainant

          (O.P. No. 2) did not want to reside with the petitioner due to his

          financial condition.

                       5. Despite service of notice, no-one appears for O.P.

          No. 2.

                       6. Considering the nature of allegation and the fact

          that there is a matrimonial dispute between husband and wife

          and the allegation against the petitioner and his family members

          is general and omnibus in nature, I am inclined to grant the

          petitioner privilege of anticipatory bail.

                       7. This application is, accordingly, allowed.

                       8. Let the petitioner, above named, in the event of his

          arrest or surrender before the Court below within four weeks, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten
           Patna High Court CR. MISC. No.1288 of 2026(4) dt.04-05-2026
                                                       3/3




                     Thousand) with two sureties of the like amount each to the

                     satisfaction of learned Chief Judicial Magistrate, Arwal

                     /concerned court in connection with Complaint Case No. 308 of

                     2024, subject to the condition laid down under Section 482 (2)

                     of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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