Patna High Court
Devesh Kumar Rai @ Krishnanand SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting bail subject to conditions.
Summary
Devesh Kumar Rai, a serving Sepoy in the Indian Army, applied for anticipatory bail after being implicated in a FIR alleging offences under several IPC sections and the Dowry Prohibition Act. He contended that the allegations, including a claim of a second marriage and dowry demands, were false and that the informant’s mother denied any such marriage. The petitioner highlighted his clean antecedent, the failure of Army‑mediated reconciliation, and the deduction of 22% of his salary for the informant’s maintenance. The informant opposed the bail but could not refute the petitioner’s submissions. The Court, after considering the arguments, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the applicable provisions.
- Whether the allegations in the FIR constitute a ground to deny bail.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 379, 494, 498A, 504, 506
Subjects
- anticipatory bail
- dowry harassment
- false implication
- marriage dispute
- IPC offences
- Army salary deduction
- maintenance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57676 of 2025
Arising Out of PS. Case No.-1 Year-2024 Thana- MAHILA P.S. District- Bhojpur
======================================================
Devesh Kumar Rai @ Krishnanand Singh S/o Ram Avadhesh Rai @ Ram
Avadhesh Singh Resident of village- Pakri, PO and PS- Reotipur, Dist-
Gazipur, uttar Pradesh
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pooja Kumari W/o Devesh Kumar Rai @ Krishnanand Singh, D/o Upendra
Kumar Singh R/o vill - Nagri, P.S.- Charpokhari, Distt.- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
For the Informant : Mr. Awadhesh Kumar Pandey, Advocate
Mr. Arvind Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 10-03-2026 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,
504, 506, 379, 498A, 494 and 34 of the Indian Penal Code read
with Sections 3 and 4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and being husband
has been falsely implicated in the instant case by the informant.
4. It is next submitted by the learned counsel
appearing on behalf of the petitioner that in sum and substance
the allegation is that the informant was tortured for non-
Patna High Court CR. MISC. No.57676 of 2025(3) dt.10-03-2026
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fulfillment of dowry demand as detailed in the FIR and also that
petitioner secretly has performed his second marriage with one
Neha. It is next submitted that during the course of
investigation, the statement of mother of Neha was recorded at
Para-29 of the case diary wherein she specifically denied the
marriage of Neha with the petitioner rather stated that Neha has
been married to Mithilesh Kumar son of Sanjay Kumar resident
of Village-Umri, P.S.- Simri and District- Buxar. It is further
submitted that a reconciliation proceeding was initiated in
between the petitioner and the informant by the Army, but then
the same failed. It is also submitted that petitioner is appointed
as a Sepoy with the Indian Army and the informant is getting
maintenance from the Army from the salary of the petitioner as
22% of the reckonable pay and allowance is being deducted
from the salary of the petitioner and is being credited in the
account of the informant. It is also submitted that presently the
relationship has soured to an extent where it is not possible to
revive the conjugal relationship, but then in future with
intervention of well wishers, the parties may resolve their
dispute amicably.
5. Learned counsel appearing on behalf of the
informant opposes the anticipatory bail application of the
Patna High Court CR. MISC. No.57676 of 2025(3) dt.10-03-2026
3/3
petitioner, but then is not in a position to rebut the submission of
the learned counsel appearing on behalf of the petitioner that
mediation conducted by the Army officials failed and 22% of
the reckonable pay and allowance is being deducted from the
salary of the petitioner and is being credited in the account of
the informant.
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 Bhojpur Mahila
P.S. Case No. 01 of 2024 subject to the conditions as laid down
under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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