Patna High Court
Krishna Mohan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner, subject to bond, surety, and conditions under Section 482(2) of the B.N.S.S 2023.
Summary
Krishna Mohan Kumar petitioned for bail in a complaint under Section 498A IPC alleging cruelty and dowry demands after an alleged marriage to the complainant, Pratima Devi. The petitioner contended that no marriage took place and that any such union would be prohibited under the Hindu Marriage Act, rendering the 498A charge inapplicable. The State opposed bail. The court examined the claim of prohibited relationship under Section 3(g) and Section 5 of the Hindu Marriage Act and noted the absence of prior bail applications. It concluded that bail could be granted, subject to bond and surety conditions, and further conditions under Section 482(2) of the B.N.S.S 2023. The order directed that the petitioner be enlarged on bail if arrested within eight weeks, with provisions for cancellation if criminal antecedents are discovered.
Issues considered
- Whether the petitioner is liable under Section 498A IPC given the alleged prohibited relationship and lack of a valid marriage.
- Whether bail should be granted in the present 498A complaint.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Hindu Marriage Act — s. 3(g), 5
- Indian Penal Code — s. 498A
Subjects
- bail
- Section 498A
- dowry
- cruelty
- prohibited relationship
- Hindu Marriage Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20824 of 2026
Arising Out of PS. Case No.-1245 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Krishna Mohan Kumar Son of Shambhu Sah R/o Vill. - Sugauli Gaon, Ward
No . 16, P.S. - Sugauli, Distt. - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pratima Devi D/o Dhanesh Sah R/o Vill. - Mudla, P.S. - Ramgardwa, Dist. -
East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shamir Mehra, Advocate
For the State : Mr. Surendra Prasad Singh, APP
For the O.P. No. 2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Complaint Case No. 1245 of 2024, filed for
the offences punishable under Section 498A of the Indian Penal
Code.
3. As per allegation, the complainant was married
with the elder brother of the petitioner, who died on 31.12.2019,
and subsequently, the complainant married the younger brother
of her husband, who is petitioner herein. It is further case of the
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complainant that after the marriage, there was demand of dowry
and on account of non-fulfillment of the same, she was
subjected to cruelty.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that as a matter of fact, no marriage has
taken place between the petitioner and the complainant. After
the death of his brother, who was husband of the complainant,
the complainant has falsely implicated the petitioner only to
pressurize him to marry her which is not legally permissible
also, because as per Hindu Marriage Act, the brother of the
husband comes under prohibited relationship and marriage
between the petitioner and the complainant is not permitted by
Hindu Marriage Act. Hence, Section 498A IPC does not get
applied to the alleged facts and circumstances for want of any
legal status of the complainant as wife, nor is there any truth in
the allegation.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
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7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the submission that the petitioner
comes under prohibited relationship as per Section 3(g) of
Hindu Marriage Act and Section 5 of Hindu Marriage Act not
allowing the Hindu Marriage within prohibited relationship, this
petition is allowed, directing the petitioner, above-named, to be
enlarged on bail, in the event of his arrest or surrender before
the court below within a period of eight weeks from the date of
receipt / production of a copy of this order, on his furnishing
bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
concerned Court below, in connection with Complaint Case No.
1245 of 2024, subject to the conditions as laid down under
Section 482 (2) of the B.N.S.S 2023, and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
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(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
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