Patna High Court
Ravindra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail and ordered his release on a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Ravindra Prasad, was named in an FIR for offences under IPC Sections 341, 323, 498A and the Dian Act, alleged to be cruelty for non‑payment of a dowry demand. The respondent, Pramila Kumari, was found to have concealed a prior marriage and allegedly habitually enters into marriages to file false cruelty complaints. During the hearing the respondent admitted her first marriage but denied a later one, and the court accepted the contention that the complaint was frivolous. Relying on the inherent powers of the High Court under Section 482(2) of the Criminal Procedure Code, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties. The order was made subject to the conditions laid down and the case remains pending in the lower court.
Issues considered
- The petitioner’s entitlement to bail in the pending criminal case under IPC Sections 341, 323, 498A and the Dian Act.
- Whether the cruelty allegation is false and constitutes an abuse of process.
- Whether Section 482(2) of the Criminal Procedure Code can be invoked to grant bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 323, 341, 498A
Subjects
- bail
- dowry harassment
- cruelty under IPC 498A
- false complaint
- prior marriage
- Section 482 CrPC
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6774 of 2025
Arising Out of PS. Case No.-397 Year-2018 Thana- MINAPUR District- Muzaffarpur
======================================================
Ravindra Prasad S/O Shree Krishnadeo Bhagat Resident of village- Talimpur,
P.s.- Meenapur, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pramila Kumari W/O Ravindra Prasad, D/O Late Raj Mangal Singh
Resident of village- Rampur Jailal Rape Rupe, P.S.- Bochan, Distt.-
Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sameer Darshan, Adv.
For the Opposite Party/s : Mr. Mohammed Arif, APP
Mr. Pradhan Murli Manohar Pd, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 05-01-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Meenapur P.S.
Case No. 397 of 2018 registered for the offences punishable
under Sections 341, 323, 498A of the Indian Penal Code and
¾ Dian Act.
3. The allegation against petitioner is to commit
cruelty upon O.P. No. 2 due to non-fulfillment of demand of
dowry as raised for one motorcycle.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the O.P. No. 2 solemnized her
Patna High Court CR. MISC. No.6774 of 2025(6) dt.05-01-2026
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marriage with petitioner keeping him in dark by concealing
her first marriage which was solemnized with one Mohan
Mahto, son of Brahmdeo Mahto, village Bakauri, Muzaffarpur.
It is submitted that O.P. No. 2 solemnized this marriage under
instigation of her parents to get a piece of land belongs to this
petitioner. It is further submitted that O.P. No. 2 left
petitioner when the status of her first marriage was disclosed
to this petitioner and subsequently she again remarried with
one Chandradeo Prasad third time and in support of which
learned counsel referred the complaint petition as filed by this
petitioner. It is submitted that O.P. No. 2 is under habit to
solemnize such marriage and thereafter to raise a false and
frivolous complaint qua cruelty against husband.
5. O.P. No. 2 namely, Pramila Kumari is present in
person with her advocate Mr. Pradhan Murli Manohar Prasad.
During course of argument O.P. No. 2 herself and her counsel
admitted her first marriage with Mohan Mahto as submitted
aforesaid, however, she disputed her third and subsequent
married with Chandradeo Prasad.
6. Considering the aforesaid factual submission
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that O.P. No. 2 is under habit to solemnize such marriage and
raise the allegations of cruelty as of present and further that
she solemnized marriage with petitioner during subsisting
marriage with Mohan Mahto as discussed aforesaid,
accordingly petitioner above-named, in the event of his arrest
or surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned SDJM,
East Muzaffarpur/concerned Court, where the case is pending
in connection with Meenapur P.S. Case No. 397 of 2018,
subject to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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