Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
Pawan Kumar petitioned for bail in a case registered under Sections 126(2), 115, 85 and 352 of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act, alleging that the complaint by his wife was false and motivated by a dowry dispute. The petitioner claimed he was a student, unemployed, and that the allegations would jeopardise his prospective government job, while also acknowledging one prior criminal antecedent. The State opposed bail. The court examined the seriousness of the offences, the petitioner’s claim of innocence, and the presence of a prior criminal record, and concluded that bail could be granted with conditions. Accordingly, the court ordered that the petitioner be released on bail upon surrender, posting a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023. The order also stipulated cancellation of bail if the petitioner concealed antecedents or misrepresented prior bail petitions.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and a prior criminal antecedent.
- Whether the petitioner’s claim of false prosecution and potential impact on employment justify anticipatory bail.
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S., 2023 are applicable.
Legislation cited
- B.N.S. — s. 115, 126(2), 352, 85
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- anticipatory bail
- dowry prohibition
- cruelty
- criminal antecedent
- Section 482
- marital dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.541 of 2026
Arising Out of PS. Case No.-253 Year-2024 Thana- BHAGWANPUR District- Vaishali
======================================================
Pawan Kumar Son of Anil Kumar, R/o Village - Parsauniya, P.S.- Mahua,
Dist.- Vaishali, 844122.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shruti Singh, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Bhagwanpur P.S. Case No. 253 of 2024,
dated 14.09.2024, registered for the offences punishable under
Sections 126(2), 115, 85 and 352 of BNS and Sections 3 and 4
of D.P. Act.
3. As per allegation, the marriage between the
petitioner-husband and informant-wife was solemnized in the
year, 2021. However subsequent to the marriage, demand of
additional dowry of Rs.2,00,000/- and a four-wheeler started by
the petitioner and his family members and on account of non-
fulfillment of the same, she has been subjected to cruelty,
moreover, one female child has been also born out of wedlock.
Patna High Court CR. MISC. No.541 of 2026(2) dt.28-01-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. She further submits that as a matter of fact, the informant-
wife is a government employee on contract in local panchayat
drawing salary of Rs.25,000/- per month and the petitioner-
husband is still student preparing for BPSC Competition and on
account of unemployment of the petitioner-husband,
matrimonial discord has developed. Hence, false case has been
filed by informant-wife. She further submits that the maximum
punishment prescribed for the alleged offence is three years and
if the petitioner is not enlarged on anticipatory bail, his
employment in government job will get hampered.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has one criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
Patna High Court CR. MISC. No.541 of 2026(2) dt.28-01-2026
3/3
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court Below, in connection
with Bhagwanpur P.S. Case No. 253 of 2024, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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