Patna High Court
Bablu Kumar @ Babi KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- KHATIM REZA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Bablu Kumar, sought anticipatory bail after being implicated in a case alleging assault, theft of valuables, and dowry-related offences under the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act. The prosecution alleged that Kumar entered the former husband’s house of the informant, assaulted her and her son, and stole Rs. 50,000 and ornaments. Kumar’s counsel contended he is unmarried, has no criminal record, and the case is fabricated because the informant wanted to marry him after her first husband’s death. The informant’s counsel produced a Special Marriage Act certificate showing a marriage between Kumar and the informant. The court, after considering the marriage certificate and the seriousness of the alleged offences, declined to grant anticipatory bail, rejecting the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in light of the alleged offences under the Bharatiya Nyaya Sanhita and Dowry Prohibition Act.
- Whether the existence of a marriage under the Special Marriage Act influences the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 324(4), 85
- Dowry Prohibition Act — s. ¾
- Special Marriage Act, 1954
Subjects
- anticipatory bail
- criminal procedure
- assault
- theft
- dowry prohibition
- marriage
- Special Marriage Act
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32542 of 2026
Arising Out of PS. Case No.-510 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Bablu Kumar @ Babi Kumar S/O Sri Narayan Ram R/O Village- Mahuli,
Punpun, P.S.- Parsa Bazar, Dist.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rubi Kumari W/O Late Matindra Kumar R/O Village- Mahuli, Punpun, P.S.-
Parsa Bazar, Distt.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinkar Kumar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
For the informant : Ms. Sangeeta Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in connection with
Parsa Bazar P.S. Case No. 510 of 2025 dated 09.12.2025,
instituted for the offence punishable under Sections 85, 303(2),
324(4) of the Bharatiya Nyaya Sanhita, 2023 and Section ¾ of
the Dowry Prohibition Act.
3. The prosecution case, in short, is that marriage of
the informant was solemnized with the petitioner after death of
her first husband. It is further alleged that on 02.12.2025, the
petitioner entered in the house of first husband of the informant
and assaulted the informant and his son and insisted to transfer
Patna High Court CR. MISC. No.32542 of 2026(2) dt.13-05-2026
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the property in his name. It is also alleged that the petitioner
took away Rs. 50,000/-, gold chain and ornaments from the
informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is further submitted that the petitioner is not the husband
of the informant, rather, the petitioner is still
bachelor/unmarried. Learned counsel further submitted that the
husband of the informant died on 10.03.2023 leaving behind his
wife (informant) and two children and since then the informant
wants to marry the petitioner and when the petitioner refused,
then the present false and fabricated case has been lodged
against him. Lastly, it has been submitted that petitioner has no
criminal antecedents.
5. Learned A.P.P. and learned counsel for the
informant vehemently opposed the prayer for bail of the
petitioner and submitted that the petitioner has solemnized
marriage with the informant which is evident from the
certificate issued under Special Marriage Act, 1954 bearing
Certificate No. 39/2025 on 14.08.2025.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties and
Patna High Court CR. MISC. No.32542 of 2026(2) dt.13-05-2026
3/3
taking into consideration that the marriage of the informant was
solemnized with the petitioner, I am not inclined to extend the
privilege of anticipatory bail to the petitioner.
7. Accordingly, the prayer of petitioner for grant of
anticipatory bail is hereby rejected.
(Khatim Reza, J)
Sankalp/-
U T
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