Pintu VarnwalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42169 of 2026
                     Arising Out of PS. Case No.-571 Year-2025 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Pintu Varnwal Son of Late Vashisht Varnwal Resident of Village - Gauroop
                 Samail, Police Station - Mirganj, District - Gopalganj at present village -
                 Gopalganj, P.S.- Gopalganj (Town), District - Gaopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Khushbu Kumari @ Amrita Daughter of Sanjay Varnwal Resident of Village
                 - Agya, Police Station - Goreakothi, District - Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Irshad Ahmad Khan, Advocate
                 For the Opposite Party/s :       Mr. Dr. Ajeet Kumar, APP
                 For the Informant        :       Mr. Vyas Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   30-06-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   115(2), 85, 82, 64, 67, 352, 351(2) and 3(5) of BNS and

                   Sections ¾ of Dowry Prohibition Act.

                                3. The case of the prosecution is that the informant

                   was married to the petitioner. It is further alleged that the

                   petitioner has established forceful physical relationship with her

                   and has demanded dowry and that he also solemnized marriage

                   with two other ladies. It is also alleged that the informant was

                   ousted from her matrimonial house after being assaulted.
Patna High Court CR. MISC. No.42169 of 2026(2) dt.30-06-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that the allegation

          against the petitioner is two folds: first is that cruelty on account

          of non-fulfillment of dowry demand and second is bigamy.

          Learned counsel has submitted that allegation of forceful sexual

          assault is though there but is not attracted against him as he is

          the husband of the informant and the marital rape is not there in

          BNS. He has also submitted that however, he is ready to settle

          the matrimonial dispute with the informant. Moreover, the

          petitioner is languishing in judicial custody since 25.12.2025

          having no criminal antecedent.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the prayer

          of regular bail and have submitted that the petitioner has

          solemnized three marriages.

                       6. Admittedly, it is a case of matrimonial dispute and

          in view of the Judgment of the Hon’ble Apex Court in the case

          of Arnesh Kumar v. The State of Bihar and Satender Kumar

          Antil v. Central Bureau of Investigation, the Hon’ble Apex

          Court has held in the case of Arnesh Kumar v. The State of

          Bihar which is being given hereunder:-

                          “Section 498-A of the IPC was introduced with avowed
            Patna High Court CR. MISC. No.42169 of 2026(2) dt.30-06-2026
                                                        3/3




                                      object to combat the menace of harassment to a woman at
                                      the hands of her husband and his relatives. The fact that
                                      Section 498-A is a cognizable and non-bailable offence has
                                      lent it a dubious place of pride amongst the provisions that
                                      are used as weapons rather than shield by disgruntled
                                      wives. The simplest way to harass is to get the husband and
                                      his relatives arrested under this provision.”
                                   7. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Mirganj P.S. Case No. 571 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned SDJM, Gopalganj with the

                      condition that the parties shall make every endeavour to

                      settle their dispute amicably before the Mediation Center of

                      Gopalganj.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T