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Patna High Court

Harsh Kumar @ Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bond, sureties, and specific conditions regarding monthly payments to the complainant.

Summary

The petitioner, Harsh Kumar (also known as Rohit Kumar), sought anticipatory bail after being implicated in a dowry harassment case filed under multiple sections of the Bihar Negotiable Statutes (B.N.S.) and the Dowry Prohibition Act. The prosecution alleged that Kumar demanded dowry, subjected his wife Pooja Kumari to cruelty, and eventually ousted her from their matrimonial home. Kumar denied all allegations, asserted a clean record, and offered to pay a temporary relief of Rs. 3,000 per month to the complainant. Mediation efforts failed, and the State opposed the bail application. The Court, considering the petitioner’s undertaking and the conditions proposed, granted anticipatory bail on a bond of Rs. 10,000 with two sureties, subject to specific payment and compliance conditions under Section 482(2) of the B.N.S. and related provisions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the applicable provisions of the B.N.S. and the Dowry Prohibition Act.
  • Whether the conditions imposed by the Court are lawful and sufficient to safeguard the interests of the complainant.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • marital dispute
  • Section 482
  • Section 438
  • bail conditions
  • mediation
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2043 of 2026

                     Arising Out of PS. Case No.-62 Year-2024 Thana- MAHILA P.S. District- Sitamarhi
                 ======================================================
                 Harsh Kumar @ Rohit Kumar Son of Late Sudhir Sharma R/o Ward no. 09,
                 Gola Chak, P.S. - Sitamarhi, Distt - Sitamarhi, Dist. - Sitamarhi.

                                                                                    ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar
           2.    Pooja Kumari D/o Mukhtar Sharma, W/o Harsh Kumar @ Rohit Kumar R/o
                 Ward no. 20, Pupri, P.S. - Pupri, Dist. - Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Ayush Kumar, Advocate
                 For the State            :        Mr. Anuj Kumar Shrivastava, APP
                 For the Informant        :        Mr. Uday Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   06-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant/Opposite

                   Party No. 2.

                                2. The petitioner, husband of the informant/Opposite

                   Party No. 2, apprehends his arrest in a case registered for the

                   offence punishable under Sections 85, 115(2), 126(1), 351, 352

                   and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry

                   Prohibition Act.

                                3. Earlier, vide order dated 31.01.2026, the matter was
Patna High Court CR. MISC. No.2043 of 2026(3) dt.06-04-2026
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          referred to Mediation and Conciliation Centre, Patna High

          Court. From perusal of mediator’s report dated 01.04.2026 it is

          apparent that despite best efforts, the dispute between the parties

          could not be resolved through the process of mediation.

                       4.    As      per     prosecution        case,   marriage   of

          informant/Opposite Party No. 2 was solemnized with this

          petitioner and thereafter, all the F.I.R. accused persons,

          including this petitioner, started demanding dowry and due to

          non-fulfillment of demand of dowry, the informant/Opposite

          Party No. 2 was subjected to cruelty and harassment and

          subsequently, ousted her from her matrimonial house.

                       5. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner denies the allegations made

          in the F.I.R.. As a matter of fact, petitioner never committed

          torture to informant/Opposite Party No. 2 or demanded any

          dowry. However, the petitioner undertakes to give Rs. 3,000/-

          (three thousand rupees) per month by way of temporary

          relief/solace,       starting       from       this     month,    to     the

          informant/Opposite Party No. 2. Petitioner claims clean

          antecedents.

                       6. Learned A.P.P. for the State and learned counsel
Patna High Court CR. MISC. No.2043 of 2026(3) dt.06-04-2026
                                            3/4




          appearing on behalf of the informant/Opposite Party No. 2 have

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner.

                       7. In view of the undertaking of learned counsel for

          the petitioner that petitioner is ready to give temporary

          relief/solace of Rs. 3,000/- (three thousand rupees) per month

          to informant/Opposite Party No. 2, in the event of

          arrest/surrender within a period of eight weeks from today, let

          the petitioner, above-named, 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 1 st Additional

          Sessions Judge, Sitamarhi in connection with Sitamarhi Mahila

          P.S. Case No. 62 of 2024, subject to condition as laid down

          under Section 482(2) of B.N.S.S. with further following

          conditions:

                              “(A.) Informant/Opposite Party No. 2 would file
                       an affidavit before the court below and bring on record
                       her saving bank account number for its communication
                       to the petitioner.
                              (B.) Petitioner would deposit the aforesaid
                       amount per month in the saving bank account of the
                       informant/Opposite Party No. 2 .
                              (C.) In case, the petitioner fails to deposit the
                       aforesaid amount for two consecutive months, the court
                       below would be at liberty to cancel the bail bond.
                              (D.) The aforementioned payment will be subject
                       to any order passed in matrimonial, maintenance or
             Patna High Court CR. MISC. No.2043 of 2026(3) dt.06-04-2026
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                                    connected proceedings. The present order, in no way,
                                    will preclude the parties to resolve the issue otherwise.”



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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