Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 498-A
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
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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
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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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