Patna High Court
Ramakant SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to bond, sureties and surrender within six weeks, under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
Ramakant Singh applied for anticipatory bail fearing arrest in a criminal complaint (Case No. 838 of 2024) involving offences under Sections 115(2), 118(1), 352, 85 of the Bihar Negotiable Substances Act and Sections 3 and 4 of the Dowry Prohibition Act. He alleged that the charges were false and stemmed from a matrimonial dispute, as his wife, Kiran Kumari, had filed a divorce suit (Divorce Case No. 160 of 2025) in the Family Court, Sasaram. The wife’s counsel did not contest the claim of false implication but pointed out that the petitioner was evading notices in the divorce proceedings. After hearing both sides, the Court held that, despite the pending divorce, the petitioner could be released on anticipatory bail, subject to a bond of Rs.10,000 and two sureties, and conditioned on his surrender within six weeks if arrested. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Substances Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite pending criminal charges and a matrimonial dispute
- Whether the filing of a divorce suit influences the grant of anticipatory bail
Legislation cited
- Bihar Negotiable Substances Act — s. 115(2), 118(1), 3, 352, 4, 482(2), 85
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- matrimonial dispute
- dowry prohibition
- criminal law
- divorce
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.292 of 2026
Arising Out of PS. Case No.-838 Year-2024 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
Ramakant Singh Son of Babunand Singh Resident of Village- Paisara,
Belwan, Police Station- Sasaram (M), District- Rohtas. At present resident of
Mohalla-Lala Colony Dehri, P.O. and P.S.- Dehri, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kiran Kumari Wife of Ramakant Singh and Daughter of Lallu Singh @
Kanhaiya Singh Resident of Village- Ghordihi, P.O.- Srikhinda, P.S.-
Baghaila, District- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 17-06-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the opposite party no. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 115(2),
118(1), 352 and 85 of the BNS as well as Sections 3 and 4 of the
Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that
petitioner, being the husband, has been falsely implicated in the
instant case by the opposite party no. 2. It is further submitted
that the dispute is matrimonial. It is next submitted that the
opposite party no. 2 has filed Divorce Case No. 160 of 2025 in
Patna High Court CR. MISC. No.292 of 2026(3) dt.17-06-2026
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the Court of learned Principal Judge, Family Court, Sasaram for
seeking divorce from the petitioner.
4. Learned counsel appearing on behalf of the
opposite party no. 2 does not dispute the said submission of the
learned counsel appearing on behalf of the petitioner but then
submits that though notices in Divorce Case No. 160 of 2025
have been issued but then petitioner is evading the notice and is
not appearing in the divorce case on which learned counsel
appearing on behalf of the petitioner submits that petitioner,
during pendency of the instant anticipatory bail application,
came to know that a divorce case has been filed by the opposite
party no. 2 against him before the learned Family Court,
Sasaram. It is further submitted that petitioner will appear in the
divorce case immediately.
5. After hearing the learned counsel for the parties,
since divorce application has been filed by the opposite party
no. 2 against the petitioner and the same is pending
adjudication, as such, let the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned Trial
Patna High Court CR. MISC. No.292 of 2026(3) dt.17-06-2026
3/3
Court where the case is pending/Successor Court in connection
with Complaint Case No. 838 of 2024, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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