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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Raushan Kumar, sought anticipatory bail fearing arrest in a dowry‑harassment case registered under Sections 85, 137(2) and 140(3) of the B.N.S. The prosecution alleged that after marrying the informant’s daughter, the petitioner and co‑accused tortured her for dowry, leading the victim to flee. The petitioner contended he was innocent, citing that the marriage was voidable under Section 12 of the Hindu Marriage Act, 1955 on grounds of non‑consummation, and that the victim had repeatedly left the matrimonial home. He also highlighted his clean antecedents. The State and the informant opposed the bail. Considering the nature of the accusation, the petitioner’s clean record and the circumstances, the Court granted anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the inherent powers of the High Court (Section 482) in view of the allegations under Sections 85, 137(2) and 140(3) of the B.N.S.
  • Whether the petitioner's claim of a voidable marriage under Section 12 of the Hindu Marriage Act, 1955 negates the alleged dowry‑harassment offences.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Hindu Marriage Act
  • voidable marriage
  • clean antecedents
  • Section 482
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63045 of 2025
                     Arising Out of PS. Case No.-386 Year-2024 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Raushan Kumar S/o Chandradeo Kumar R/o Village- Purani Parsa Bazar,
                 P.S.- Parsa Bazar, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Anuj Kumar, Advocate
                 For the State           :       Mr. Binod Kumar, APP
                 For the Informant       :       Mr. Ravi Prakash Dwivedi, Advocate
                                                 Mr. Sourabh Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   23-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 85, 137(2)

                   and 140(3) of the B.N.S..

                                3. The prosecution case, in brief, is that marriage of

                   daughter of informant was solemnized with this petitioner and

                   after some time of marriage, all the accused persons named in

                   the F.I.R., including this petitioner, committed torture and

                   harassment for dowry. It is further alleged that due to torture

                   committed by the accused persons, the victim left her
Patna High Court CR. MISC. No.63045 of 2025(3) dt.23-04-2026
                                            2/3




          matrimonial house and she is still trace-less.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. As a matter of fact, the victim, namely

          Nikita Kumari, was in a habit of running away from her Sasural

          and was not interested in leading a harmonious matrimonial life.

          The above submission derives merit from the fact that Nikita

          Kumari filed an application before the Principal Judge, Family

          Court, Patna, bearing Matrimonial Case No. 845 of 2024 under

          Section 12 of the Hindu Marriage Act, 1955 against this

          petitioner, which corresponds to voidable marriage. Nikita

          Kumari has cited non-consummation of marriage as the reason

          seeking annulment of the marriage with this petitioner. As a

          matter of fact, since filing of Matrimonial Case No. 845 of

          2024, Nikita Kumar has not resided with his petitioner.

          Petitioner claims clean antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, nature of accusation, materials available on record and

          clean antecedents of the petitioner, the prayer for grant of
             Patna High Court CR. MISC. No.63045 of 2025(3) dt.23-04-2026
                                                         3/3




                       anticipatory bail to the petitioner is allowed.

                                    7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned C.J.M., Patna in connection

                       with Parsa Bazar P.S. Case No. 386 of 2024, subject to

                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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