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Patna High Court

Rupesh Kumar KarnversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to a bail bond and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Rupesh Kumar Karn, husband of the informant, filed an anticipatory bail petition in the Patna High Court fearing arrest in a dowry harassment case registered under multiple sections of the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act. The prosecution alleged that Karn and other accused tortured the informant for non‑payment of dowry. Karn contended that the case stemmed from a petty family dispute, he has a clean antecedent, and the matter is triable by a magistrate, relying on the precedent of Md. Naimul Haque Ansari v. State of Bihar. The State opposed the bail, but the Court, after considering the facts and the cited judgment, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also stipulated that if arrested within eight weeks, Karn would be released on bail on the stated conditions. The petition was thereby disposed in favour of the petitioner.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged dowry harassment under the Bharatiya Nyaya Sanhita and Dowry Prohibition Act.
  • Whether the offence is triable by a magistrate and the applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in granting bail.
  • Whether the petitioner’s claim of a family dispute and clean antecedent warrants bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Bharatiya Nyaya Sanhita
  • Dowry Prohibition Act
  • Section 482
  • criminal procedure
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3633 of 2026
                    Arising Out of PS. Case No.-117 Year-2025 Thana- MAHILA PS District- Darbhanga
                 ======================================================
                 Rupesh Kumar Karn Son of Bachchan kumar Karn Resident of village
                 -Barkurba P.s-Kalyanpur Dist -Darbhanga
                                                                ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Puja Kumari @ Pooja Dutta Daughter of Surendra Kumar Dutta Resident of
                  village - Barhata, Ps- Bahadurpur, Dist- Darbhanga
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Girish Chandra Jha, Advocate
                 For the Opposite Party/s :       Mr. Kalyan Shankar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   07-05-2026                  Despite valid service of notice, none appears on

                   behalf of the opposite party no. 2.

                                2. Heard learned counsel for the petitioner and the

                   State.

                                3. The petitioner apprehends arrest in a case registered

                   for the offence punishable under Sections 85, 89, 126(2), 82(1),

                   115(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita and

                   Sections 3/4 of the Dowry Prohibition Act.

                                4. As per prosecution case, all the named accused

                   persons including this petitioner tortured and harassed the

                   informant for non-fulfillment of demand of dowry.

                                5. It is submitted on behalf of petitioner that petitioner

                   happens to be husband of the informant and present case has

                   been lodged due to petty family dispute. There is general and

                   omnibus allegation of commission of assault against him. It is
              Patna High Court CR. MISC. No.3633 of 2026(4) dt.07-05-2026
                                                          2/2




                        further submitted that petitioner is ready to keep the informant,

                        as his wife, with full honour and dignity. It is next submitted

                        that the case is triable by the Magistrate. In this connection,

                        petitioner has relied upon a judgment of this Court in the case of

                        Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors.

                        Vs. The State of Bihar, reported in 2006(3) PLJR 182.

                        Petitioner claims clean antecedent.

                                     6. Learned A.P.P. for the State has opposed the prayer

                        for anticipatory bail of petitioner.

                                     7. Considering the aforesaid facts and circumstances,

                        this anticipatory bail is allowed and it is ordered that let the

                        above named petitioner, in the event of his arrest/surrender

                        within a period of eight weeks from today, be enlarged on bail

                        on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                        sureties of the like amount each to the satisfaction of learned

                        Sub-Divisional Judicial Magistrate, Darbhanga in connection

                        with Darbhanga Mahila, P.S. Case No. 117 of 2025, subject to

                        condition as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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