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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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