Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the allegations were vague and the existence of a marriage could not be conclusively established.
Summary
The petitioner, Akash Kumar, was charged in a complaint case for cruelty, dowry demand of Rs.2 lakh, and physical assault under IPC sections 498A and 313, and Dowry Prohibition Act sections 3 and 4. The petitioner contended that no marriage had been solemnised with the complainant, challenging the basis of the cruelty and dowry allegations. The court noted contradictions in the complaint regarding the place of marriage and observed that the allegations of assault and dowry demand were vague and omnibus. Relying on the lack of concrete evidence of marriage and the general nature of the accusations, the court granted bail to the petitioner. Bail was conditioned on a bond of Rs.10,000 with two sureties and subject to the provisions of CrPC section 438(2) and BNSS section 482(2).
Issues considered
- Whether the petitioner is entitled to bail despite allegations under IPC 498A, 313 and the Dowry Prohibition Act.
- Whether the existence of a valid marriage can be established to sustain the cruelty and dowry charges.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 313, 498A
Subjects
- bail
- dowry harassment
- cruelty
- IPC 498A
- Dowry Prohibition Act
- criminal procedure
- marriage validity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32426 of 2025
Arising Out of PS. Case No.-76 Year-2023 Thana- COMPLAINT CASE District- Lakhisarai
======================================================
Akash Kumar, S/o Doman Sao, R/o Village- Harla, P.O. and P.S.- Laxmipur,
District- Jamui
... ... Petitioner
Versus
1. The State of Bihar
2. Sita Devi, resident of village-Jankidih Beldariya, P.S- Chanan, District-
Lakhisara
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Anand, Advocate
Mr. Sukesh Ranjan, Advocate
For the Opposite Party/s : Mrs. Pronoti Singh, APP
For the O.P. No.2 : Mr. Munish Kumar, Advocate
Ms. Minakshi Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 21-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State duly assisted by
learned counsel appearing for complainant/O.P. No.2.
2. The accused/petitioner is named in the complaint
petition and apprehending his arrest in connection with
Lakhisarai Complaint Case No.76 of 2023 in which cognizance
has been taken for the offences punishable under Sections 498-
A and 313 of the Indian Penal Code as well as Sections 3 and 4
of the Dowry Prohibition Act.
3. Allegation against petitioner is to commit cruelty
upon complainant/O.P. No.2 due to non-fulfilment of demand of
Patna High Court CR. MISC. No.32426 of 2025(6) dt.21-01-2026
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dowry as raised for cash of Rs.2 lakhs. The allegation of physical
assault is also available against petitioner.
4. It is submitted by learned counsel appearing for
petitioner that the petitioner never solemnized marriage with
complainant/O.P. No.2. In support of his submission, it is
pointed out that through complaint petition it was stated by
complainant/O.P. No.2 that her marriage with this petitioner
was solemnized at Jallappa Asthan, Lakhisarai, whereas as per
Annexure P/4, which is a certificate issued by Gram Panchayat
Raj, Jankidih that the marriage of petitioner with complainant
solemnized at Jankidih. It is submitted that as complainant was
a tenant with sister of petitioner, in that capacity petitioner was
acquainted with her and out of said acquaintance, the present
implication was raised.
5. Arguing further, it is submitted that even from
perusal of complaint petition, it can be gathered safely that
allegation qua physical assault and raising demand of dowry
appears very much general and omnibus in nature.
6. Learned APP duly assisted by learned counsel
appearing for informant while opposing the prayer of bail
submitted that place of marriage can not be decided in present
Patna High Court CR. MISC. No.32426 of 2025(6) dt.21-01-2026
3/3
proceeding. However, he conceded the contradiction as pointed
out by the learned counsel appearing for the petitioner, as
mentioned aforesaid.
7. Let it be so, as allegation qua physical assault and
raising demand of dowry qua petitioner appearing very much
general and omnibus in nature, accordingly, the petitioner,
above-named, in the event of his arrest or surrender in the court
below within a period of four weeks from today, is directed to be
released on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sub Divisional Judicial Magistrate,
Lakhisarai in connection with Lakhisarai Complaint Case No.76
of 2023, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure (in short
‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik Suraksha
Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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