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Patna High Court

Tinku @ Satyendra Kumar @ Satendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Tinku, sought anticipatory bail fearing arrest in a case alleging rape, dowry demands, and related offences under Sections 376, 504, 506, 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that a co‑accused, Deepu Kumar, committed rape under a false pretext of marriage and that a large dowry was paid to his father, after which the marriage was not solemnized. The petitioner contended he had no specific involvement, was merely a co‑villager, and had clean antecedents, noting that similarly situated co‑accused had earlier been granted anticipatory bail. The State and the informant opposed the bail. Considering the lack of direct accusation against the petitioner, his clean record, and the general nature of the allegations, the court allowed the petition for anticipatory bail, directing bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in the absence of a specific accusation against him.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • dowry
  • false pretext of marriage
  • IPC
  • Dowry Prohibition Act
  • CrPC
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16686 of 2026
                      Arising Out of PS. Case No.-122 Year-2025 Thana- NARHATT District- Nawada
                 ======================================================
                 Tinku @ Satyendra Kumar @ Satendra Kumar S/O Rambalak Mahto
                 Resident of Village- Mahiyan, P.S.- Mohanpur, District- Gaya

                                                                                 ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    XXX D/O late Rajendra Prasad R/O Vill.- Baniyan Bigha, P.S.- Narhat,
                 Dist.- Nawada.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Sanjeev Kumar, Advocate
                 For the State           :        Mr. Umeshanand Pandit, APP
                 For the Informant       :        Mr. Arun Kumar Arun, Advocate
                                                  Mr. Karamchand Kumar, Advocate
                                                  Mr. Anil Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-04-2026                  Heard Mr. Sanjeev Kumar, learned counsel appearing

                   on behalf of the petitioner, Mr. Umeshanand Pandit, learned

                   APP appearing on behalf of the State and Mr. Arun Kumar

                   Arun,      learned        counsel   appearing       on     behalf     of       the

                   informant/Opposite Party No. 2.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 376, 504,

                   506 and 34 of the Indian Penal Code and Sections 3 and 4 of the

                   Dowry Prohibition Act.

                                3. As per prosecution case, in the year 2023,

                   informant met co-accused Deepu Kumar and thereafter, on the
Patna High Court CR. MISC. No.16686 of 2026(2) dt.29-04-2026
                                            2/3




          false pretext of marriage, he committed rape upon her. It is

          further alleged that in the year 2024, Rs. 10,00,000/- was given

          to father of co-accused Deepu Kumar, namely Tulsi Mahto, as

          dowry, however, subsequently, the accused persons refused to

          solemnize marriage.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. From bare perusal of the F.I.R. it is

          apparent that specific accusation of committing rape upon the

          victim on the false pretext of marriage is against co-accused

          Deepu Kumar. In the prosecution case, the informant has not

          disclosed as to how the alleged money was given her and as per

          F.I.R., the same was given to father of co-accused Deepu

          Kumar. There is no specific accusation of overt act against this

          petitioner and he has falsely been implicated in this case merely

          because he happens to be co-villager of co-accused Deepu

          Kumar. It is further submitted that similarly situated co-accused

          persons have already been granted privilege of anticipatory bail

          by this Hon’ble Court vide order dated 20.02.2026 passed in Cr.

          Misc. No. 6154 of 2026. Petitioner claim clean antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of
             Patna High Court CR. MISC. No.16686 of 2026(2) dt.29-04-2026
                                                         3/3




                       anticipatory bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, claim based on

                       parity and clean antecedents of the petitioner, the prayer for

                       grant of anticipatory bail to the petitioner is allowed.

                                    7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner 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 learned S.D.J.M., Nawada in

                       connection with Narhat P.S. Case No. 122 of 2025, subject to

                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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