Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S. — s. 137(2), 140(3), 85
- B.N.S.S. — s. 482(2)
- Hindu Marriage Act, 1955 — s. 12
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
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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
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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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