Patna High Court
Bikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied.
Summary
The petitioner, Bikash Kumar, sought anticipatory bail in a complaint (Case No. 897 of 2022) alleging that he and others demanded a dowry of Rs. 5,00,000 and, upon non‑payment, assaulted, tortured, and abused the complainant and her mother, resulting in the mother’s death. The complaint listed offences under IPC sections 323, 342, 365, 498A, 506, 354(b) and Dowry Prohibition Act sections 3 and 4. The petitioner argued that he feared arrest, while the State opposed bail, emphasizing the seriousness of the allegations and the petitioner’s prior criminal antecedent. The Court examined the gravity of the offences, the alleged violence, and the risk of tampering with evidence. Concluding that the nature of the charges and the petitioner’s history warranted denial of bail, the Court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the IPC and Dowry Prohibition Act.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 342, 354(b), 365, 498A, 506
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13097 of 2026
Arising Out of PS. Case No.-897 Year-2022 Thana- DARBHANGA COMPLAINT CASE
District- Darbhanga
======================================================
Bikash Kumar S/o Radha Krishna Singh R/o Village - Kothra, Post - Kothra,
PS - Baheri, District - Darbhanga, Pin - 847105.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sudha Kumari W/o Shri Vikash Kumar D/o Shri Ramswaroop Mandal, At
Present R/o Village - Dohat Narayan, P.S - Baheri, District - Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-04-2026 Despite issuance of notice, none appears on behalf of
the opposite party no. 2.
2. Heard learned counsel for the petitioner and the
State.
3. Petitioner apprehends arrest in Complaint Case No.
897 of 2022 registered for the offences punishable under
Sections 323, 342, 365, 498(A), 506, 354-(B) of the Indian
Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.
4. Allegation against petitioner is that he along with
others demanded Rs. 5,00,000/- from the complainant, as dowry,
and due to non-fulfillment of the same, they abused, assaulted
and tortured her in various ways. It is further alleged that
Patna High Court CR. MISC. No.13097 of 2026(3) dt.27-04-2026
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petitioner, who is husband of complainant, variously tortured
her to transfer the property of her father in the name of accused
persons and thereafter, fraudulently took her signature on
papers, snatched her documents, injected intoxicant substance to
her and took her naked photograph. It is also specifically alleged
that on 06.08.2022, after filing of this complaint case, accused
persons gave several knife blow upon the mother of
complainant, due to which, she died. Besides this, petitioner has
got one criminal antecedent.
5. In the facts and circumstances of the case as well as
gravity of the offence, the prayer for anticipatory bail of
petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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