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Patna High Court

Krishna Mohan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.20824 of 2026(3) dt.24-06-2026
                                            2/4




          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.
Patna High Court CR. MISC. No.20824 of 2026(3) dt.24-06-2026
                                            3/4




                       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.
               Patna High Court CR. MISC. No.20824 of 2026(3) dt.24-06-2026
                                                           4/4




                                      (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/-

U          T


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