Patna High Court

Raju KumarversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond of Rs.10,000 and two sureties, with a condition to surrender within four weeks.

Summary

Raju Kumar, husband of the complainant, applied for anticipatory bail in a case alleging dowry‑related torture, theft of ornaments, and a second marriage under several sections of the Bhartiya Nyay Sanhita, 2023. The prosecution’s FIR alleged that the petitioner tortured his wife for dowry demands. The petitioner contended that the allegations were false, he had no prior criminal record, and he would cooperate with the investigation. The State opposed the bail, emphasizing the direct allegations against him. Considering the seriousness of the allegations alongside the petitioner’s clean record, the court ordered that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, and he must surrender within four weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite allegations of dowry‑related torture and other offences.
Whether the petitioner’s lack of prior criminal antecedent warrants bail in the present circumstances.

Legislation cited

Bhartiya Nyay Sanhita — s. 115(2), 126, 303(2), 3(5), 351(2), 352, 82, 85

Subjects

anticipatory bail
dowry harassment
domestic violence
Bhartiya Nyay Sanhita
criminal procedure
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6673 of 2026
                          Arising Out of PS. Case No.-21 Year-2025 Thana- Mahila District- Arwal
                 ======================================================
                 Raju Kumar son of Late Hardev Paswan Resident Of Village -Ratani Bazar P
                 S- Shakurabad District -Jehanabad
                                                                        ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Urmila Kumari Wife of Raju Kumar Resident Of Village - Aslanpur, Ps and
                  Dist- Arwal
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shyam Kishore, Advocate
                 For the Opposite Party/s :        Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   29-04-2026                     1. Heard learned counsel for the parties.

                                   2. The petitioner in this application prays for grant

                   of anticipatory bail apprehending his arrest in connection with

                   Arwal Mahila P.S. Case no. 21 of 2025 registered for the

                   offence punishable under sections 115(2), 126, 85, 82, 352,

                   351(2), 303(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023.

                                   3. As per the prosecution case, the informant states

                   that she was married to the petitioner in May, 2022. The accused

                   persons including the petitioner herein who happens to be her

                   husband tortured her for non-fulfilment of demand of dowry and

                   also took away her ornaments etc. She some how came to her

                   mother's place and is living with her brother.

                                   4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.6673 of 2026(5) dt.29-04-2026
                                                        2/2




                      the petitioner has been falsely implicated in the case only for the

                      reason that he happens to be the husband. The allegation of

                      torture etc. are all false and concocted. The petitioner has no

                      criminal antecedent and undertakes to cooperate in the

                      investigation/trial.

                                      5. The application for bail is opposed by learned

                      APP for the State and learned counsel for the opposite party

                      no.2. Learned counsel for the opposite party no.2 submits that

                      the petitioner who happens to be her husband is named the FIR

                      and there is direct allegation against him of having tortured her

                      and of having performed a second marriage.

                                       6. Having heard learned counsel for the parties and

                      taking into consideration the allegation in the F.I.R. together

                      with the petitioner not having any criminal antecedent, in the

                      facts of the case, it is directed that the petitioner above named,

                      in the event of his arrest or surrender before the learned Court

                      below within a period of four weeks, be released on anticipatory

                      bail in connection with Arwal Mahila P.S. Case no. 21 of 2025

                      on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned S.D.J.M., Arwal.


Bibhash/-                                                     (Partha Sarthy, J)
U

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