Patna High Court
Rakesh Kumar @ Rakesh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner, subject to a bail bond, sureties and the condition that it be enlarged under Section 482(2) of the BNSS.
Summary
The petitioner, Rakesh Kumar, husband of the complainant, sought anticipatory bail in a criminal case registered under Sections 115(2) and 85 of the Bharatiya Nyaya Sanhita for alleged dowry harassment and assault. He contended that the complaint stemmed from a petty family dispute and that he was ready to treat his wife with dignity, relying on a prior judgment of the Patna High Court. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the facts and the petitioner's submission, granted anticipatory bail subject to a bail bond of Rs 10,000, two sureties of equal amount, and the condition that the bail be enlarged within eight weeks under Section 482(2) of the BNSS. The order also directed compliance with the procedural requirements before the Judicial Magistrate of Bettiah.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 115(2) and 85 of the Bharatiya Nyaya Sanhita involving dowry harassment.
- Whether the alleged family dispute justifies the grant of anticipatory bail.
- Whether Section 482(2) of the BNSS empowers the court to conditionally enlarge bail upon arrest.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 482(2), 85
Subjects
- anticipatory bail
- dowry harassment
- Bharatiya Nyaya Sanhita
- Section 115
- Section 85
- Section 482
- family dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4220 of 2026
Arising Out of PS. Case No.-1814 Year-2024 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
Rakesh Kumar @ Rakesh Prasad S/o Dinesh Sah Resident of Vill- Dumra,
P.O.- Jaitiya, P.S.- Chanpatiya, Dist- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Seema Kumari W/o Rakesh Kumar @ Rakesh Prasad, D/o Late Dhruv Sah
R/o vill - Piparahiya, P.s.- Nawalpur, Distt.- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 06-04-2026 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 Section 115(2)/85 of the
Bharatiya Nyaya Sanhita.
4. As per complaint case, all the named accused
persons including this petitioner tortured and harassed the
complainant due to non-fulfillment of demand of dowry.
5. It is submitted on behalf of petitioner that petitioner
happens to be husband of the complainant and present case has
been lodged due to petty family dispute. There is general and
Patna High Court CR. MISC. No.4220 of 2026(3) dt.06-04-2026
2/2
omnibus allegation of commission of assault against him. It is
further submitted that petitioner is ready to keep the
complainant, 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.
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
Judicial Magistrate, 1st Class, Bettiah, West Champaran in
connection with Complaint Case No. 1814 of 2024, subject to
condition as laid down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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