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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the doubtful nature of the cruelty allegation and the complainant's lack of desire to live with the petitioner, bail should be granted.

Summary

The petitioner, Chandan Kumar, was named in a complaint alleging cruelty and hurt under Sections 323 and 498-A of the IPC for allegedly demanding dowry. The petitioner argued that the complainant, Munni Devi, had married his maternal cousin and was living happily, and that the complaint was false. The State and the complainant opposed bail, stating the complainant did not wish to live with the petitioner and sought permanent alimony. The court observed that the cruelty allegation appeared prima facie doubtful and the complainant was not desirous of cohabitation. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond with sureties, subject to conditions under CrPC Section 438(2) and BNSS 2023 Section 482(2), and directed the complainant to pursue divorce or alimony in the appropriate forum.

Issues considered

  • Whether the allegations of cruelty under Section 498-A IPC are prima facie established to deny bail.
  • Whether the petitioner is entitled to bail despite the pending complaint under Sections 323 and 498-A IPC.

Legislation cited

Subjects

  • bail
  • dowry
  • cruelty
  • IPC 498-A
  • IPC 323
  • Criminal Procedure
  • family law
  • alimony

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.33125 of 2025
                   Arising Out of PS. Case No.-87 Year-2023 Thana- JEHANABAD COMPLAINT CASE
                                                    District- Jehanabad
                 ======================================================
                 Chandan Kumar, S/o Umesh Ram, Resident of village-Modanganj, P.S.-
                 Ghoshi, District- Jehanabad

                                                                             ... ... Petitioner
                                                   Versus

           1.    The State of Bihar
           2.    Munni Devi, D/o Indal Das, W/o Niwas Kumar (S/o Lildhari Mochi)
                 Resident of village-Mirjapur, P.O.-Pitamberpur, P.S.-Ghoshi, District-
                 Jehanabad

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Manoj Kumar, Advocate
                 For the State         :       Mr. Sanjay Kumar Singh, APP
                 For the Complainant   :       Mr. Paras Nath, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   06-01-2026                 Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State duly assisted by

                   learned counsel for the complainant/O.P. No.2.

                               2. The accused/petitioner is named in the complaint

                   petition and apprehending his arrest in connection with

                   Complaint Case No.87 of 2023 in which cognizance has been

                   taken for the offences punishable under Sections 323 and

                   498-A of the Indian Penal Code.

                               3. Allegation against petitioner is to commit cruelty

                   upon complainant due to non-fulfilment of additional dowry as
Patna High Court CR. MISC. No.33125 of 2025(5) dt.06-01-2026
                                            2/3




          raised for cash of Rs.1 lakh.

                       4. It is submitted by learned counsel appearing for

          the petitioner that in fact complainant herself falls in love with

          maternal cousin brother of petitioner namely, Niwas Kumar,

          with whom she solemnized marriage and living happily. At this

          stage, it is submitted that this statement was made on oath in

          para-8 of the present bail petition. It is further submitted that

          even from the S.A. of the complainant, it is not clear whether

          cruelty was committed due to demand dowry or due to female

          child born with complainant or due to habit of petitioner to

          talk with different girls over phone. It is submitted that to

          harass the entire family members, the present false complaint

          was lodged.

                       5.     Learned APP duly assisted by Mr. Paras Nath,

          learned counsel appearing for the complainant/O.P. No.2

          while opposing the prayer of bail submitted that the

          complainant is not desirous to live with petitioner and,

          therefore,        the   matter      be    settled    accordingly   against

          permanent alimony.

                       6. In view of aforesaid factual submissions, as
           Patna High Court CR. MISC. No.33125 of 2025(5) dt.06-01-2026
                                                       3/3




                     complainant is not desirous to live with petitioner, where the

                     allegation of cruelty also prima facie appears doubtful,

                     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 Chief Judicial Magistrate, Jehanabad in connection

                     with Complaint Case No.87 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’).

                                  7.     The complainant is free to approach the

                     appropriate forum for divorce/permanent alimony, which be

                     decided in accordance with law.


                                                       (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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