Patna High Court
KUNDAN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bond, sureties and conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
Kundan Kumar, the petitioner, was named in an FIR for alleged cruelty and dowry-related offences under several sections of the Indian Penal Code and the Dowry Prohibition Act. He applied for anticipatory bail, claiming that his wife, Gitanjali Devi, had deserted him, never joined his matrimonial home, and subsequently remarried and had a child. The petitioner’s counsel supported these claims with an affidavit. The opposite party did not appear despite notice. The State opposed the bail, asserting that the petitioner was the husband facing cruelty charges. Considering the affidavit and the non‑appearance of the wife, the court granted anticipatory bail subject to a bond and sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations of cruelty and dowry demands.
- Whether the affidavit alleging the wife’s desertion and second marriage is sufficient to justify bail.
- Whether the provisions of Section 482 of the Bharatiya Nagarik Suraksha Sanhita apply to the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 341, 494, 498A, 504
Subjects
- anticipatory bail
- dowry prohibition
- cruelty
- IPC
- Section 438
- Section 482
- marital dispute
- desertion
- second marriage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49413 of 2023
Arising Out of PS. Case No.-137 Year-2020 Thana- MADHEPURA District- Madhepura
======================================================
Kundan Kumar Son of Late Gosay Yadav R/O-Madhuban, P.S.-
Madhepura (Bharrahi O.P.), Distt.-Madhepura.
... ... Petitioner
Versus
1. The State of Bihar
2. Gitanjali Devi Wife Of Kundan Kumar D/O- Dev Narayan Yadav,
R/O-Madhuban, P.S.-Madhepura (Bharrahi O.P.), Distt.-Madhepura,
Presently R/O-Mahua, P.S.-Ghailarh, Distt.-Madhepura
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar, Advocate
For the Opposite Party/s : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 05-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Madhepura
(Ghailarh O.P.) P.S. Case No. 137 of 2020 registered for the
offences punishable under Sections 341, 323, 498(A), 494,
504 of the Indian Penal Code and Section ¾ of the Dowry
Prohibition Act.
3. The allegation against the petitioner is to commit
cruelty upon the opposite party no. 2 due to non-fulfillment of
additional demand of dowry.
Patna High Court CR. MISC. No.49413 of 2023(7) dt.05-01-2026
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4. Learned counsel appearing on behalf of the
petitioner submitted that opposite party no. 2 never joined
her matrimonial home with the petitioner and she deserted
him. It is further pointed out that O.P. No. 2 solemnized her
marriage with another person namely, Hari Shankar Yadav,
resident of village – Rasalpur, District – Ssaharsa. It is
submitted that out of said wedlock, she gave birth to a child.
5. Aforesaid submission qua second marriage of
opposite party no. 2 with one Hari Shankar Yadav is
appearing supported on affidavit by the petitioner.
6. Despite service of notice, non-appeared on behalf of
the opposite party no. 2.
7. Learned A.P.P. for the State, while opposing the
prayer of anticipatory bail of the petitioner, submitted that
petitioner is the husband facing specific allegation qua cruelty.
8. Considering the submission of learned counsel for
the petitioner as made on affidavit that opposite party no. 2
solemnized marriage with another person and further having
one child out of said wedlock by deserting the petitioner,
accordingly, above-named petitioner, in the event of his
Patna High Court CR. MISC. No.49413 of 2023(7) dt.05-01-2026
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arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties of
the like amount each to the satisfaction of learned S.D.J.M.,
Madhepura/concerned court in connection with Madhepura
(Ghailarh O.P.) P.S. Case No. 137 of 2020, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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