Patna High Court
Om Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Om Prakash Singh, sought anticipatory bail fearing arrest in a complaint (No. 140/2024) alleging dowry harassment under IPC sections 498A, 406, 494 and Section 3 of the Dowry Prohibition Act. The complaint claimed the petitioner demanded a motorcycle and Rs.5,00,000, leading to the complainant's ouster and a second marriage. The petitioner argued he committed no offence, highlighted the complainant’s long‑term residence away from him, and cited a prior anticipatory bail order in a similar case (Cr. Misc. No.71196/2022) whose cancellation petition had been dismissed. The opposite party contended the petitioner had tortured the complainant and breached a mediation settlement. Considering the marital discord, repeated complaints, and the complainant’s absence, the court granted anticipatory bail subject to a bond and conditions under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under IPC sections 498A, 406, 494 and the Dowry Prohibition Act.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 406, 494, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- marital discord
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63331 of 2025
Arising Out of PS. Case No.-140 Year-2024 Thana- COMPLAINT CASE - MOHANIA Dis-
trict- Kaimur (Bhabua)
======================================================
Om Prakash Singh Son of Chhathu Singh Resident of village - Shahbajpur Ps-
Mohania, Dist- Kaimur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sarita Devi Wife of Om Prakash Singh Resident of village - Shahbajpur Ps-
Mohania, Dist- Kaimur At P/A- Resident of village- Malwar, Ps- Shivsagar,
Dist- Rohtas at Sasaram
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Kumar
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 23-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Mohania Complaint Case No. 140 / 2024 dated 08.04.2024
registered under Section 498(A), 406, 494 of the I.P.C. and Sec-
tion ¾ of the Dowry Prohibition Act.
3. As per the complaint the marriage of the complainant was
solemnized with the petitioner on 12.03.2015. It is alleged that
some time after marriage the accused persons started making
demand of Apache motorcycle and cash Rs. 5,00,000/- and due
to non fulfillment of the demand, the complainant was ousted
from her matrimonial home. It is also alleged that the petitioner
Patna High Court CR. MISC. No.63331 of 2025(4) dt.23-02-2026
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solemnized second marriage with one Sanju Devi.
4. Learned counsel for the petitioner submits that petitioner is
innocent and has committed no offence in the manner alleged.
There is no specific allegation of demand of dowry or torture
against the petitioner. From perusal of the complaint it is
evident that the father-in-law of the complainant spent money
for her admission in Nursing course at Delhi which itself goes to
show that allegation of demand of dowry and torture is absurd.
It is next submitted that Suresh Singh, the father of the
complainant had earlier filed Complaint Case No. 1062 / 2019
on 13.11.2019 relating to same nature of offence under Section
498(A) of the I.P.C. and Section ¾ of the D.P. Act against the
petitioner and his family members and the petitioner has been
granted anticipatory bail in the said case by this Court vide
order dated 14.03.2023 passed in Cr. Misc. No. 71196 / 2022
and thereafter, the complainant’s father- Suresh Singh filed an
application for cancellation of anticipatory bail of the pe-
titioner vide Cr. Misc. No. 47370 of 2023 and the matter was re-
ferred to Mediation Centre vide order dated 03.11.2023, and
thereafter, vide order dated 09.02.2024 the said petition for
cancellation of privilege of bail bearing Cr. Misc. No. 47370 /
2023 was dismissed on 09.02.2024. The opposite party no. 2-
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complainant is working in Delhi as a para medical staff and not
living with the petitioner for so many years.
5. Learned counsel for the opposite party no. 2 submits that
petitioner for demand of dowry has tortured the complainant
and in conciliation / mediation the petitioner failed to abide by
the terms and condition of settlement agreed upon between the
parties.
6. Regard being had to the submission made by the parties,
taking into consideration the fact that there is marital discord
between the complainant and the petitioner, the fact that
complaint after complaint has been lodged by the opposite party
no. 2 against the petitioner, the complainant is working at Delhi
and is not living in the company of the petitioner for a very long
period, accordingly, I am inclined to grant anticipatory bail to
the petitioner.
7. Let the petitioner, above named, be released on anticipa-
tory bail in the event of arrest or surrender before the court
below within a period of four weeks from today on furnishing
bail bond of Rs. 10,000/- (rupees ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate, Mohania, Kaimur in
connection with Mohania Complaint Case No. 140 of 2024
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subject to the condition as laid down under Section 482 (2) of
the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
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