Patna High Court
DHIRAJ KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, subject to the conditions prescribed.
Summary
The petitioner, Dhiraj Kumar, was arrested in connection with a FIR (Harsidhi P.S. Case No. 413 of 2024) filed under Sections 69, 351, 352 and 3(5) of the Bharatiya Nyaya Sanhita and Sections 3/4 of the Dowry Prohibition Act. The FIR arose after a failed marriage arrangement with the alleged victim, who later married another person in 2023. The petitioner, a major, contended that the case was frivolous and that he was entitled to bail. The Court, after hearing counsel, allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties, subject to Section 482 of the BNSS and Section 438(2) of the CrPC. The bail order was conditioned on compliance with the stipulated terms.
Issues considered
- Whether the petitioner is entitled to bail under Section 438 of the CrPC in view of the circumstances of the case.
- Whether the FIR filed under the cited provisions of the BNSS and the Dowry Prohibition Act is maintainable given the victim's subsequent marriage.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 351, 352, 482, 69
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- FIR
- relationship dispute
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38426 of 2025
Arising Out of PS. Case No.-413 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
DHIRAJ KUMAR Son of Shatrudhan Sahani Resident of Village - Sonbarsa,
P.S.- Town Harsidhi, District - East Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Khushboo Kumari D/o Dasai Sahani R/o Village- Harsidhi Pakadia, P.S.-
Harasidhi, Distt.- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate
Mr. Dhandev Kumar, Advocate
For the State : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Harsidhi P.S. Case No. 413 of 2024 instituted under
Sections 69, 351, 352 and 3(5) of the Bharatiya Nyaya Sanhita
and Section 3/4 of the DP Act.
3. From the statement of the victim girl, after the
talks of marriage of the petitioner and the victim girl was
finalized, they had gone to Nepal and were staying together
and subsequently, the talks of marriage failed and therefore
this case has been filed.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.38426 of 2025(5) dt.24-02-2026
2/2
petitioner is a major and when the relationship turned soured,
this FIR has been filed. He further submits that the alleged
victim girl has also married in the year 2023.
5. Considering the aforesaid, this application is
allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned J.M. 1 st Class,
Sadar Motihari, District-East Champaran, Motihari/ concerned
Court in connection with Harsidhi P.S. Case No. 413 of 2024,
subject to the conditions laid down in Section 482 of the BNSS/
438(2) of the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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