Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, given the petitioner’s clean antecedent and the nature of the allegations, anticipatory bail may be granted subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Guddu Kumar, the petitioner, sought anticipatory bail fearing arrest in a complaint (No.143 of 2024) alleging offences under IPC sections 341, 323, 498A, 504, 506/34 and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleges that his wife, Jhabli Kumari, was married on 18 February 2018, gave birth to a daughter, and was subsequently tortured and demanded dowry by her in‑laws, culminating in her being assaulted and ousted on 23 October 2023. The petitioner contended that he is innocent, has a clean antecedent, and has filed a restitution of conjugal rights case, arguing that the dowry allegations are vague and omnibus. The State and the complainant opposed the bail application. Considering the petitioner’s clean record and the nature of the allegations, the Court granted anticipatory bail, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner’s clean antecedent and the nature of the allegations justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 341, 498A, 504, 506/34
Subjects
- anticipatory bail
- dowry harassment
- Indian Penal Code
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal procedure
- marital dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21619 of 2026
Arising Out of PS. Case No.-143 Year-2024 Thana- COMPLAINT CASE - NAUGACHIA
District- Bhagalpur
======================================================
Guddu Kumar S/o late Binod Kumar R/o Vill.- Aguani Dumariya, P.S.-
Parwatta, Dist.- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Jhabli Kumari W/o Guddu Kumar, D/o Shivshankar Singh R/o Vill.- Sadpur,
P.S.- Gopalpur, Dist.- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Saurabh, Advocate.
For the State : Mr. Mohammed Arif, A.P.P.
For the O.P. No.2 : Mr. Sunil Kumar Singh, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 01-07-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the opposite party
no.2.
2. The petitioner apprehends his arrest in connection
with Complaint Case No.143 of 2024 instituted under Sections
341, 323, 498A, 504, 506/34 of the I.P.C. and Section 3 & 4 of
Dowry Prohibition Act.
3. As per the prosecution case, marriage of the
opposite party no.2 was solemnized with the petitioner on
18.02.2018 according to Hindu Custom and at the time of
marriage her parents have given several articles. It is further
alleged that she went to her sasural and living peacefully and
Patna High Court CR. MISC. No.21619 of 2026(3) dt.01-07-2026
2/3
also gave birth to a girl child, after birth of baby, her in-laws
started torturing her and demanded Rs.2 lakhs as dowry. It is
also alleged that father of opposite party no.2 tried to pacify the
matter but lastly on 23.10.2023 they have assaulted and ousted
her from her matrimonial house.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that the marriage of opposite party no.2
was solemnized with petitioner on 18.02.2018 and out of their
wedlock, one daughter was born. Learned counsel submits that
allegation of torture and demand of dowry is general and
omnibus in nature. He further submits that petitioner is always
ready to keep his wife with dignity and has filed Matrimonial
Case No.14 of 2026 under Section a of Hindu Marriage Act for
restitution of conjugal rights which is pending in the Court of
learned Principal Judge, Family Court, Khagaria. Learned
counsel submits that petitioner has got clean antecedent and he
undertakes to cooperate in the trial of the case.
5. Learned A.P.P. for the State and learned counsel for
the opposite party no.2/informant oppose the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.21619 of 2026(3) dt.01-07-2026
3/3
and submissions of learned counsel for the parties and the nature
of allegation against the petitioner as well as his clean
antecedent, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioner be released on
bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount to each to the
satisfaction of the learned J.M. IInd Class, Naugachia/concerned
Court in connection with Complaint Case No.143 of 2024,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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