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Patna High Court

Rajan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to a cash bond, two sureties, and conditions under Section 438(2) of the Cr.P.C.

Summary

Petitioner Rajan Kumar sought anticipatory bail after an FIR was lodged by Priyanka Kumari alleging that they were married in a temple and that she was later ousted from his home. The petitioner denies any marriage, contending that the complainant has taken contradictory positions in other proceedings, including a kidnapping complaint, a maintenance suit where she claimed a Hindu marriage, and a civil case challenging a maintenance order. The State opposed the bail, but the court noted the inconsistencies and the pending nature of related civil matters. Relying on Section 438(2) of the Criminal Procedure Code, the court granted anticipatory bail subject to a cash bond and two sureties, with standard conditions. The order allows the petitioner to avoid arrest for six weeks pending further proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the FIR alleging multiple offences under the IPC and the Dowry Prohibition Act.
  • Whether the contradictory statements of the complainant in various forums affect the merit of the anticipatory bail application.

Legislation cited

Subjects

  • anticipatory bail
  • marriage dispute
  • kidnapping allegation
  • maintenance order
  • IPC offences
  • Dowry Prohibition Act
  • contradictory pleadings
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44731 of 2025
                      Arising Out of PS. Case No.-2 Year-2024 Thana- MAHILA P.S. District- Saharsa
                 ======================================================
                 Rajan Kumar Son of Deep Narayan Yadav R/o village - Naula, Ward No.- 4,
                 P.S.- Nauhatta, District - Saharsa
                                                                       ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Priyanka Kumari Daughter of Arvind Yadav Resident of Naula, Ward No.- 4,
                  P.S.- Nauhatta, District - Saharsa.
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Kant Singh
                 For the Opposite Party/s :       Mr. Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   31-03-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 341, 323,

                   498A, 504, 506 and 34 Indian Penal Code and Sections ¾ D.P.

                   Act.

                                3. Learned counsel for the petitioner submits that the

                   instant FIR has been instituted by the O.P. No.2 with an

                   allegation that she married the petitioner in a temple after

                   fleeing with him but when she went to the house of petitioner

                   after marriage she was ousted from her matrimonial home.

                                4. Learned counsel next submits that petitioner asserts

                   and submits that he is not married to the O.P No.2. It is further
Patna High Court CR. MISC. No.44731 of 2025(5) dt.31-03-2026
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          submitted that O.P. No.2 before different forum has taken a

          different stand. It is submitted that prior to instituting the instant

          FIR, the O.P. No.2 had instituted Complaint Case No.143/2024

          in the Court of learned CJM, Saharsa, wherein she alleged that

          she was kidnapped by the petitioner and thereafter her marriage

          with the petitioner was performed. It is further submitted that a

          maintenance case has also been filed by the O.P. No.2 in the

          Court of learned Principal Judge, Family Court, Saharsa being

          Maintenance Case No.43/2024, wherein she has stated that her

          marriage with the petitioner was performed in accordance with

          Hindu rituals. It is further submitted that father of the petitioner

          had also instituted Complaint Case No.136C/2024 in the Court

          of learned CJM, Saharsa alleging that petitioner was kidnapped

          by the family members of the O.P. No.2 herein. It is further

          submitted that the learned Principal Judge, Family Court,

          Saharsa in Maintenance Case No.43/2024 has directed the

          petitioner to pay a sum of Rs.3000/- per month to the O.P. No.2

          towards maintenance but then the same has been assailed before

          this Hon’ble Court in Civil Miscellaneous Case No.1120/2025,

          which is pending adjudication. Learned counsel for the

          petitioner thus submits that when the marriage itself is being

          disputed by the petitioner and even the O.P. No.2 before
           Patna High Court CR. MISC. No.44731 of 2025(5) dt.31-03-2026
                                                       3/3




                     different forum has stated about her marriage in different

                     manner, whether it would be prudent for the Court to send to

                     petitioner to jail at this stage.

                                  5. Learned A.P.P. for the State and the learned counsel

                     appearing on behalf of the O.P. No.2 opposes the prayer for

                     anticipatory bail of the petitioner but then the learned counsel

                     appearing on behalf of the O.P. No.2 is not in a position to rebut

                     the submission of the learned counsel appearing on behalf of the

                     petitioner that O.P. No.2 before different forum has taken a

                     different stand with regard to her marriage with the petitioner.

                                  6. After hearing the learned counsel for the parties, the

                     petitioner above-named, in the event of his arrest or surrender

                     within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs.10,000/-

                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of the learned trial court where the case

                     is pending/successor court in connection with Mahila P.S. Case

                     No.02/2024, subject to the conditions as laid down under

                     Section 438 (2) of the Cr.P.C.



                                                               (Satyavrat Verma, J)
amit/-
U      T


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