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Patna High Court

Ravindra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
              Patna High Court CR. MISC. No.6774 of 2025(6) dt.05-01-2026
                                                          3/3




                        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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