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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Sonu Kumar, applied for anticipatory bail in a complaint case (No.1110 of 2023) alleging offences under IPC sections 498A, 323, 406, 504, 506 and Dowry Prohibition Act sections 3 and 4. He claimed he was falsely implicated by his wife, Aarti Kumari, and that the marital relationship had broken down. The wife contended that the petitioner demanded dowry, assaulted her, evicted her and their child, and failed to comply with a family court maintenance order of Rs.5,000 per month. The court examined the allegations and the seriousness of the offences, particularly the dowry harassment provision. Concluding that the petitioner’s conduct warranted custody, the court declined to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under IPC and the Dowry Prohibition Act

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC
  • Dowry Prohibition Act
  • maintenance order
  • family court
  • criminal law
  • domestic violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69888 of 2025
                     Arising Out of PS. Case No.-1110 Year-2023 Thana- ROHTAS COMPLAINT CASE
                                                      District- Rohtas
                 ======================================================
                 Sonu Kumar S/O Ram Awadhesh Singh Resident of Village- Jagdishpur, P.S.-
                 Natwar, District- Rohtas at Sasaram

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Aarti Kumari W/O Sonu Kumar, D/O Satyendra Singh Resident of Village-
                 Jagdishpur, P.S.- Natwar, District- Rohtas at Sasaram, presently Resident of
                 Village- Kargahar, P.S.- Kargahar, District- Rohtas at Sasaram

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Chhote Lal Mishra
                                                Ms.Jyoti Prasad
                 For the Opposite Party/s :     Mr.Nityanand
                                                Ms.Niharika Rani
                                                Ms.Rinki Kumari
                                                Mr.Sanjay Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   09-04-2026                   1. Heard learned counsel for the petitioner, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the opposite party no.2.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in Complaint Case No.1110 of 2023 registered for the

                   offences punishable under Sections 498(A), 323, 406, 504 and

                   506 of the Indian Penal Code and Sections 3 and 4 of the D. P.

                   Act.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner being husband has been falsely implicated in the
Patna High Court CR. MISC. No.69888 of 2025(4) dt.09-04-2026
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          instant case by the opposite party no.2. It is next submitted that

          petitioner was married to the opposite party no.2 on 30.11.2020

          and out of the wedlock, a child was born. It is further submitted

          that relationship in between the petitioner and the opposite party

          no.2 has soured to an extent where it is not possible to revive the

          conjugal relationship in the present, but with passage of time

          and on intervention of well-wishers, the parties may resolve the

          dispute amicably.

                       4. The learned counsel appearing on behalf of the

          opposite party no.2 submits that after marriage, the petitioner

          started demanding a motorcycle and Rs. One lac by way of

          dowry and on account of non-fulfilment of the demand, the

          opposite party no.2 was assaulted and was ousted from the

          house with her child. It is further submitted that opposite party

          no.2 had moved before the learned Family Court, Rohtas at

          Sasaram by filing a maintenance case. It is submitted that

          learned Family Court allowed the maintenance case and directed

          the petitioner to pay a monthly maintenance of Rs.5,000/- and

          the same was to commence from 26.06.2024. It is next

          submitted that petitioner till date has not paid a single penny, as

          such, one can well imagine the plight of opposite party no.2

          how she is surviving in absence of financial support when she
               Patna High Court CR. MISC. No.69888 of 2025(4) dt.09-04-2026
                                                           3/3




                         has responsibility of a child who is staying with her. It is thus

                         submitted that act of the petitioner is causing immense mental

                         and physical trauma to the opposite party no.2.

                                      5. After hearing the learned counsel for the parties,

                         the Court is not inclined to extend the privilege of anticipatory

                         bail to the petitioner.

                                      6. The prayer of the petitioner for anticipatory bail

                         stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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