Patna High Court
Shrawan Kumar @ Sharwan TantiversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted as the cruelty allegation appears to be based on suspicion and false implication.
Summary
Shrawan Kumar Tanti was named in an FIR for alleged cruelty under Sections 498-A and 506 read with 34 of the IPC, based on a claim that he was having an illicit relationship with his elder brother's wife. The petitioner contended that the allegation was false, motivated by the parents of his wife, and that his marriage of 15 years with Anupa Devi was genuine with a child. No appearance was made by the wife despite notice. The court examined the prima facie nature of the cruelty allegation and the possibility of false implication. It ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the allegations of cruelty under Section 498-A and criminal intimidation under Section 506 IPC are prima facie sufficient to deny bail.
- Whether the petitioner is entitled to bail under Section 438(2) CrPC and Section 482(2) BNSS 2023 given the claim of false implication.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 34, 498-A, 506
Subjects
- bail
- cruelty
- Section 498-A
- criminal intimidation
- false implication
- family law
- IPC
- CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46231 of 2024
Arising Out of PS. Case No.-90 Year-2023 Thana- KAJRA District- Lakhisarai
======================================================
Shrawan Kumar @ Sharwan Tanti, Son of Late Dukhan Tanti, R/o Village-
Shrighana, P.S.- Kajra, Dist.- Lakhisarai
... ... Petitioner
Versus
1. The State of Bihar
2. Anupa Devi, Wife of Shrawan Kumar @ Shrawan Tanti, Daughter of Bhola
Prasad, R/o Village-Shrighana, P.S.- Kajra, Dist.- Lakhisarai. At Present
Residing at 4/998, Ward No. 8, Near Sewa Palace, Chand Avenue, Ratan
Singh Chowk, ST2, Amritsar, Punjab, Pin-143001.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 05-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Kajra P.S. Case
No.90 of 2023 registered under Sections 498-A and 506 read
with 34 of the Indian Penal Code.
3. Allegation against petitioner is to commit cruelty
upon O.P. No.2 for the reason that he was alleged to be in
relationship with wife of his elder brother.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.46231 of 2024(7) dt.05-01-2026
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petitioner that even the face of FIR is speaking that no cruelty
as alleged was committed due to demand of dowry rather
merely on the basis of suspicion that the petitioner was in
relationship with wife of his elder brother, he was falsely
implicated with this criminal prosecution. It is submitted that
the present false implication was raised upon instance of
parents of O.P. No.2. It is pointed out that the marriage of
petitioner with O.P. No.2 was solemnized 15 years ago and
they have one female child aged about 13 years. The
petitioner claimed clean antecedent.
5. Despite service of notice, none appeared on
behalf of O.P. No.2.
6. Learned APP appearing for the State while
opposing the prayer of bail submitted that the allegation is
specifically available against this petitioner, who is husband of
O.P. No.2.
7. In view of aforesaid factual submissions and by
taking note of fact as the allegation of cruelty prima facie
appears to be raised in the background of suspicion qua
relationship of petitioner with wife of his elder brother,
Patna High Court CR. MISC. No.46231 of 2024(7) dt.05-01-2026
3/3
accordingly, the petitioner, above-named, in the event of his
arrest or surrender in the court below within a period of four
weeks from today, is directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Sub-divisional Judicial Magistrate, Lakhisarai in
connection with Kajra P.S. Case No.90 of 2023, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short
‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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