Patna High Court
Sunil Kumar Ram @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 482(2) of the B.N.S.S. 2023.
Summary
The petitioner, Sunil Kumar Ram, was named in a complaint (No. 1012/2024) alleging offences under IPC sections 147, 323, 379, 498A and 504, including dowry demand, physical and mental torture, and assault. The petitioner contended that no dowry was demanded, the marriage had broken down, and the allegations were vague and aimed at his family members. He also claimed that the complainant had married another person and that a mediation offer for settlement was rejected. The State and the complainant opposed the petition for anticipatory bail, asserting the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail to the petitioner subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under IPC sections 147, 323, 379, 498A and 504.
- Whether the nature of the allegations justifies denial of bail on grounds of seriousness and likelihood of tampering with evidence.
- Whether Section 482(2) of the B.N.S.S. 2023 can be invoked to conditionally release the petitioner.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 147, 323, 379, 498A, 504
Subjects
- dowry harassment
- anticipatory bail
- IPC offences
- marital dispute
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65141 of 2025
Arising Out of PS. Case No.-1012 Year-2024 Thana- COMPLAINT CASE District- Araria
======================================================
Sunil Kumar Ram @ Sunil Kumar Son of Mangal ram Resident of Village -
Sindhiya Dhuniya Tola, Ward number - 10, P.S. - K Nagar, District - Purnia.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rupa Devi W/o Sunil Kumar Ram, D/o Fudan Ram R/o Village - Sindhiya,
Dhuniya Tola, Ward no. 10, P.S. - K. Nagar, Dist. - Purnia, Present address -
Village - jamuniy Tola, Bistroriya, Ward no. 21, P.S. - Raniganj, Dist. -
Araria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/state: Mr.Nawal Kishore Pd., A.P.P.
For the informant : Mr. Dheeraj Kumar, Advocate
Mr. R.K. Priyadarshi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 01-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 1012 / 2024 dated 10.06.2024 registered
under Sections 147 / 323 / 379 / 498(A) / 504 of the I.P.C.
3. As per the complaint case marriage of the complainant
with the petitioner was solemnized about five years ago. It has
further been alleged that after marriage the petitioner along with
his family members started demanding dowry and due to non
fulfillment of the demand, the complainant was tortured
physically and mentally. On 29.02.2024 all the accused persons
including the petitioner assaulted the complainant and threw her
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away from her matrimonial home.
4. Learned counsel for the petitioner submits that petitioner
has not committed any offence in the manner alleged. There was
incompatibility between the husband and wife and the allegation
of demand of dowry and torture is general and omnibus in
nature against all the family members. The petitioner never
demanded any dowry from the complainant and he wanted to
keep the complainant with full dignity and honour. The matter
was send for mediation where the girl refused to stay with the
petitioner because she has performed marriage with another
person.
5. On the other hand, learned counsel for the complainant
opposed the prayer for anticipatory bail and submits that it is not
true that the complainant has performed marriage with another
person. During course of mediation offer was made by the side
of the complainant for full and final settlement for Rs. 50,000/-
and ornaments, which was not accepted by the petitioner.
6. Regard being had to the submission made by the parties,
taking into consideration the nature of allegation made in the
complaint and claim and counter claim between the parties, I am
inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
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anticipatory 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 J.M.
Ist, Araria in connection with Complaint Case No. 1012 / 2024
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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