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Patna High Court

Om Prakash SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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-
Patna High Court CR. MISC. No.63331 of 2025(4) dt.23-02-2026
                                            3/4




          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
             Patna High Court CR. MISC. No.63331 of 2025(4) dt.23-02-2026
                                                         4/4




                       subject to the condition as laid down under Section 482 (2) of

                       the B.N.S.S. 2023.



                                                (Anil Kumar Sinha, J)
praful/-
U        T


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