Patna High Court
Shiv Chand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail, allowing the petitioner to amend the petition and imposing a bond and sureties subject to statutory conditions.
Summary
Shiv Chand Kumar filed an anticipatory bail petition after a complaint (Case No. 198 of 2023) alleged he committed cruelty under IPC Section 498A and assault under Section 323. He admitted that he had omitted a prior criminal case (Daudnagar P.S. Case No. 343 of 2023) in paragraph 3 of the petition, and the court permitted him to correct the omission. The petitioner claimed the allegations were false, arising from a marital dispute and a demand for alimony, and asserted that the complainant sought dissolution of the marriage. The State opposed bail, contending that the petitioner had married another woman and that the offences warranted arrest. The court, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with the condition that the petitioner surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted despite the petitioner’s undisclosed prior criminal antecedent.
- Whether the allegations under Sections 498A and 323 IPC justify denial of bail.
- Whether the petitioner may amend the anticipatory bail petition to disclose the omitted criminal case.
- Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- criminal antecedent
- IPC 498A
- IPC 323
- dowry harassment
- marriage dissolution
- alimony
- Section 438
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34662 of 2025
Arising Out of PS. Case No.-198 Year-2023 Thana- COMPLAINT CASE-ARWAL District-
Arwal
======================================================
Shiv Chand Kumar S/o Laxman Choudhary Resident of Village- Dhorha
(Ghorha) Tankuppa, P.O.- Tankuppa, P.S.- Konch, Dist- Gaya
... ... Petitioner
Versus
1. The State of Bihar
2. Soni Kumari aged about 25 years Female Husband of Shiv Chand Kumar
daughter of Kameshwar Choudhary R/o Village - Dakra P.S. - Kurtha
District - Arwal.
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Kamlesh Kumar, Advocate
Mr.Pawan Kumar Singh, Advocate
For the State : Mr.Anil Kumar Singh No.1, APP
For the Informant : Mr.Ranjay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State duly assisted by Mr. Ranjay Kumar Singh,
learned counsel appearing for the complainant/O.P. No. 2.
2. At the outset, it is submitted by learned counsel
appearing for the petitioner that inadvertently the petitioner
missed to mention his criminal antecedent in paragraph ‘3’ of
the present anticipatory bail petition. It is submitted that
petitioner found involved in one criminal antecedent i.e.
Daudnagar P.S. Case Non. 343 of 2023.
3. Considering aforesaid submission, learned counsel
Patna High Court CR. MISC. No.34662 of 2025(7) dt.13-01-2026
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for the petitioner is permitted to make necessary correction in
paragraph ‘3’ of the present anticipatory bail petitioner during
course of the day itself under his own signature.
4. The accused-petitioner, named in the complaint, is
apprehending his arrest in connection with Complaint Case
No. 198 of 2023 registered for the offences punishable under
Sections 498A and 323 of the Indian Penal Code.
5. As per complaint, the petitioner alleged to commit
cruelty upon the complainant/O.P. No. 2 alongwith other co-
accused persons/family members due to non-fulfillment of
demand of dowry. He was also alleged to assault the
complainant/O.P. No. 2 and further alleged to solemnize
marriage with another lady namely, Kajal Kumari.
6. Learned counsel appearing on behalf of the
petitioner submitted that in fact the complainant/O.P. No. 2
committed cruelty against this petitioner raising false
allegation completely on the basis of suspicion that this
petitioner is in relationship with one Kajal Kumari, which is
totally incorrect.
7. It is submitted that as this complainant/O.P. No. 2
Patna High Court CR. MISC. No.34662 of 2025(7) dt.13-01-2026
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is not desirous to continue her married life with this petitioner,
she raised such type of false allegation against this petitioner
and asking for one time settlement by dissolving her marriage
with this petitioner. Having no other option, it is submitted
that this petitioner being a labour class person having no
regular source of income is ready to pay Rs. Four Lakhs to the
complainant/O.P. No. 2, but the complainant/O.P. No. 2 is
rigid to agree with alimony of Rs. Seven Lakhs only.
8. Learned A.P.P. for the State duly assisted by Mr.
Ranjay Kumar Singh, learned counsel appearing for the
complainant/O.P. No. 2, while opposing the prayer for
anticipatory bail of the petitioner, submitted that petitioner
solemnized marriage with one Kajal Kumari with whom he
was initially in illicit relationship. It is conceded that
complainant/O.P. No. 2 is desirous to dissolve her marriage
with this petitioner against permanent alimony of Rs. Seven
Lakhs, as discussed aforesaid.
9. In view of the aforesaid, without making any
comment to the difference of the permanent alimony, as
parties agreed to dissolve their marriage, what prima facie
Patna High Court CR. MISC. No.34662 of 2025(7) dt.13-01-2026
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appears from the submissions as discussed aforesaid,
accordingly, above-named petitioner, in the event of his
arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties of
the like amount each to the satisfaction of learned J.M. - 1 st
Class, Arwal/concerned court in connection with Complaint
Case No. 198 of 2023, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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