Patna High Court
Ashwani Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to the petitioner.
Summary
Ashwani Kumar Singh was arrested in a Mahila Police Station case alleging dowry‑related cruelty, assault and a second marriage under several sections of the Bihar Negotiable (BNS) Act, 2023. The petitioner claimed the allegations were baseless, asserting that the informant left him voluntarily and that the divorce was filed under Section 13(1) of the Hindu Marriage Act. The informant’s counsel argued that the accusations of adultery and assault were false and motivated. The investigating officer found no injury report or documentary evidence to support the assault or second‑marriage claims. Considering the lack of prima facie evidence, the court applied Section 482(2) of the BNS Act and ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(2) of the BNS Act, 2023 despite allegations of dowry‑related cruelty and assault.
- Whether the allegations of assault and a second marriage are sufficiently substantiated to deny bail.
- Whether the filing of a divorce petition under the Hindu Marriage Act impacts the bail decision.
Legislation cited
- Hindu Marriage Act — s. 13(1)
Subjects
- bail
- dowry harassment
- cruelty
- section 482
- criminal procedure
- divorce
- Hindu Marriage Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 35078 of 2025
Arising Out of PS. Case No.-13 Year-2025 Thana- MAHILA P.S. District- Patna
======================================================
Ashwani Kumar Singh Son of Lakshmeshwar Singh @ Lakshmeshwar Prasad
Singh, Resident of village - Godhiyari, P.S.- Bishanpur, District – Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Anuradha Kumari Wife of Ashwani Kumar Singh D/O Late Ramdev Singh,
Village - Bhadwar, P.S.- Chandi, District - Bhojpur, Mobile No.-
93334736673.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
For the Informant : Mr. Nagendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 13-01-2026 Heard learned counsel appearing on behalf of
the petitioner, learned Additional Public Prosecutor
appearing on behalf of the State and learned counsel
appearing for the informant.
2. The accused/petitioner apprehending his
arrest in connection with Mahila P.S. Case No. 13 of
2025 registered for the offences punishable under
Sections 115(2), 126(2), 85, 82(1), 3(5) of BNS, 2023.
3. As per FIR, the petitioner alleged to commit
cruelty upon the informant alongwith other co-accused
persons/family members due to non-fulfillment of
demand of dowry as raised for cash of Rs. 10 lacs and
also to assault informant on different occasions. On
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last occasion, soon before lodging present FIR the
informant was also badly assaulted by petitioner and
family members.
4. It is submitted by learned counsel
appearing on behalf of the petitioner that the
informant due to his work compulsions, left petitioner
at Darbhanga and she came to Patna with her
daughter. It is pointed out that when the mutual
divorce was not filed in terms of Annexure-2, which is a
joint agreement between the parties dated
17.02.2023, the petitioner filed divorce petition under
Section 13(1) of the Hindu Marriage Act and,
subsequently, thereafter the present criminal case was
lodged against petitioner at Patna. It is pointed out
that on affidavit the informant endorsed that she left
her husband i.e. petitioner out of her own sweet will as
she is not desirous to continue her married life with
this petitioner.
5. Arguing further, it is submitted that reason
for all such occurrence is as informant was living in
adultery with a person, the details of which is
mentioned in para-3 of the supplementary affidavit
dated 10.11.2025.
6. Arguing further, it is submitted that during
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course of investigation, the investigating officer
categorically observed through different paragraphs of
case diary, where during investigation it transpires that
no injury report in terms of allegation was made
available by the informant in support of physical
assault and also no documents in support of marriage
of petitioner was produced before the investigating
officer rather she stated that she came to know about
the second marriage of petitioner, without disclosing
the source even. It is pointed out that such type of
allegation without having any basis in itself amounting
to cruelty as committed by complainant on petitioner.
7. Learned APP opposed the prayer of bail.
8. Mr. Nagendra Kumar, learned counsel
appearing for the informant, while opposing the prayer
of bail submitted that the allegation of adultery is
completely baseless and that was raised due to
oblique motive. It is submitted that petitioner being
husband obtained signature of informant on plane
paper and, thereafter, it was misused but fairly
conceded that for said misuse no any complaint was
made before concerned police authority. It is submitted
that the petitioner is not paying any maintenance
amount to the informant.
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9. In view of aforesaid factual submissions and
by taking note of fact as the allegation of assault and
second marriage prima facie not appears convincing
during investigation, accordingly, above named
petitioner, in the event of his arrest or surrender before
the learned trial Court, within a period of four weeks of
the order, is directed to be released on bail furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction
of the learned Additional Sessions Judge-XVI,
Patna/concerned Court, where the case is pending in
connection with Mahila P.S. Case No. 13 of 2025
subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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