Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The High Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Ranjan Kumar, sought anticipatory bail in a complaint (Gaya Case No. 534 of 2023) alleging offences including IPC Sections 498A, 323, 379, 504/34 and Sections 3/4 of the Dowry Prohibition Act. He claimed the allegations were frivolous, arising twenty years after his marriage to Sheetal Devi, who alleged dowry harassment and assault. The State and the respondent opposed bail, contending the petitioner is a habitual offender who committed assault and property dispossession. The court noted that the lower court had taken cognizance only of IPC Section 323 and Section 3/4 of the D.P. Act, and that the respondent was also pursuing a maintenance suit. Considering the submissions and the limited charge, the court granted anticipatory bail with conditions, including a bond of Rs.10,000 and sureties, and a requirement that one bailor be a close family member.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances?
- Whether the charges under multiple IPC sections and the Dowry Prohibition Act justify denial of bail?
- Whether the petitioner’s alleged prior conduct and the existence of related FIRs affect the bail decision?
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323
Subjects
- anticipatory bail
- dowry harassment
- IPC Section 323
- Dowry Prohibition Act
- criminal procedure
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36321 of 2026
Arising Out of PS. Case No.-534 Year-2023 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Ranjan Kumar Son of Late Muneshwar Prasad Resident of Village - Manpur
Bazar, Yadav Toli, Police Station - Buniyadganj, District - Gaya.
... ... Petitioner
Versus
1. The State of Bihar
2. Sheetal Devi Wife of Ranjan Kumar Resident of Village - Manpur Bazar,
Yadav Toli, Police Station - Buniyadganj, District - Gaya. Presently residing
at Shastri Nagar, Goraiya Sthan, Police Station - Rampur, District - Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar 2, Adv.
Mr. Aryan Singh, Adv.
For the State : Mr. Anand Kishore Choudhary, APP
For the O.P. No. 2 : Mr. Shailesh Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 03-06-2026 Heard Mr. Manish Kumar 2, learned Advocate for the
petitioner, Mr. Anand Kishore Choudhary, learned Additional
Public Prosecution for the State and O.P. No. 2 is represented
through Mr. Shailesh Kumar, learned Advocate through virtual
mode.
2. The petitioner apprehends his arrest in connection
with Gaya Complaint Case No. 534 of 2023, registered for the
offences punishable under Sections 498(A), 323, 379, 504/34 of
the I.P.C. read with Section ¾ of the D.P. Act, wherein
cognizance has been taken for the offences punishable under
Sections 323 of the I.P.C. read with Section ¾ of the D.P. Act.
Patna High Court CR. MISC. No.36321 of 2026(2) dt.03-06-2026
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3. Allegedly, the marriage of the petitioner was
solemnized with the O.P. No. 2 in the year 2003, however, since
inception, the O.P. No. 2 was subjected to demand of dowry and
torture through various ways. Notwithstanding the fact that the
couple blessed with a child but the torture continued.
Subsequently, in the year 2023, O.P. No. 2 was brutally
assaulted and she was ousted from the matrimonial home after
snatching all the valuables and belongings leading to institution
of present complaint case.
4. Learned Advocate for the petitioner submitted that
admittedly the marriage was solemnized in the year 2003 and
they also blessed with a child from their wedlock but the present
complaint came to be instituted after twenty years by making a
frivolous allegation. The O.P. No. 2 also filed a maintenance
case bearing no. 149 of 2024, however, later on, the brother and
the O.P. No. 2 also filed two criminal cases. It is further
contended that be that as it may, the learned jurisdictional court
has taken cognizance only under Section 323 of the I.P.C. and
Section 3/4 of the D.P. Act.
5. On the other hand, learned Advocates for the State
and the O.P. No. 2 vehemently opposed the bail application and
submits that the case is not that much of simple as has been
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submitted by the learned Advocate for the petitioner, rather the
petitioner after twenty years of the marriage, has come with the
contact of another lady and solemnized marriage with her and
ousted the O.P. No. 2 by snatching all the belongings. The
petitioner is a habitual criminal and also assaulted the brother of
O.P. No. 2 and transferring all the property in the name of newly
wedded wife.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the fact that two F.I.Rs. have been instituted by the brother as
well as the O.P. No. 2; besides, the fact that the learned
jurisdictional court has taken cognizance only under Section 323
of the I.P.C. and Section ¾ of the D.P. Act and the O.P. No. 2 is
also pursuing her remedy before the family court, this Court is
inclined to extend the privilege of anticipatory bail to the
petitioner, let the petitioner above named be released on bail, in
the event of his arrest or surrender before the court below within
a period of four weeks from the date of receipt/production of a
copy of this order, upon furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate First
Class, Gaya in connection with Gaya Complaint Case No. 534
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of 2023, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
sadique/-
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