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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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