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Patna High Court

Devesh Kumar Rai @ Krishnanand SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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