Patna High Court
Kundan Das @ Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioner subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Kundan Das, was arrested in connection with a case registered under several sections of the Bihar Negotiable Securities Act and the Dowry Prohibition Act, alleging that he married the informant in a love affair and later tortured her for dowry. The petitioner contended that the informant was already married to another man, rendering their marriage void under the Hindu Marriage Act, and claimed he was falsely implicated with no specific allegations or prior criminal record. The State opposed bail, while the petitioner argued he had not previously applied for anticipatory or regular bail. The Court examined the nature of the allegations, the petitioner’s claim of innocence, and the absence of criminal antecedents, and considered the provisions of Section 482(2) of the B.N.S.S., 2023. The Court granted bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions including cancellation if criminal antecedents are later discovered.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under the B.N.S. and Dowry Prohibition Act
- Whether the allegations against the petitioner are specific enough to deny bail
- Whether the petitioner’s claim of no prior criminal antecedents affects the bail decision
- Applicability of Section 482(2) of the B.N.S.S., 2023 in granting bail
Legislation cited
- Bihar Negotiable Securities Act — s. 115(2), 126(2), 3(5), 351(2), 85
- B.N.S.S., 2023 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Hindu Marriage Act
Subjects
- bail
- dowry harassment
- false criminal case
- marriage validity
- Hindu Marriage Act
- criminal antecedents
- Section 482
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30074 of 2026
Arising Out of PS. Case No.-156 Year-2024 Thana- FALKA District- Katihar
======================================================
Kundan Das @ Kundan Kumar, S/o Gurudev Ravidas @ Sundar Das, R/o -
Pothia, P.S - Pothia, District – Katihar.
... ... Petitioner
Versus
1. The State of Bihar
2. Anuradha Devi, D/o Subodh Mandal, R/o - Haseli, P.S - Falka, District –
Katihar.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Arun Kumar Mandal, Advocate
For the State : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Falka P.S. Case No.156 of 2024, dated-
01.09.2024, registered for the offences punishable under
Sections 126(2), 115(2), 85, 351(2), 3(5) of the B.N.S. and
Section 3 / 4 of the D.P. Act.
3. As per allegation, the Informant, lady has
solemnized marriage with the Petitioner on account of love
affair but she was kept well for four months and thereafter, she
has been subjected to torture on account of non-fulfillment of
illegal demand of dowry.
Patna High Court CR. MISC. No.30074 of 2026(2) dt.06-05-2026
2/3
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, the Informant,
lady is not the legally wedded wife of the Petitioner because she
was already married to one Awadhesh Kumar and she has not
got divorce from him, and hence, without getting divorce from
the Petitioner she cannot enter into any second marriage, as per
the Hindu Marriage Act. He also submits that the allegation
against the Petitioner is general and omnibus in nature and there
is no specific allegation against him. As a matter of fact, she
wants to claim the status of wife and she has filed this false
criminal case against him.
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.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
Patna High Court CR. MISC. No.30074 of 2026(2) dt.06-05-2026
3/3
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 Falka P.S. Case No.156 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.
(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.)
Chandan/-
U T
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