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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond, sureties and a condition to deposit Rs 3,000 per month to the complainant.

Summary

Rohit Kumar sought anticipatory bail after a complaint (No. 577 of 2024) alleged that he and others assaulted his wife and demanded dowry, invoking Section 85 of the B.N.S. 2023 and Sections 3/4 of the D.P. Act. The petitioner contended he was falsely implicated, claiming the complaint was a retaliatory "counter‑blast" to his own case (No. 503 of 2024) and that no dowry demand or assault occurred. He offered to pay Rs 3,000 per month as a living cost to the complainant, an offer accepted by her counsel. The court, after hearing both sides, decided to grant anticipatory bail, imposing a bail bond of Rs 10,000, two sureties, and the condition that the petitioner deposit Rs 3,000 monthly in the complainant’s bank account. The order was made under Section 482(2) of the B.N.S.S., providing the petitioner protection from arrest for six weeks pending surrender.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the allegations of dowry harassment and assault.
  • Whether the petitioner’s offer to pay a monthly sum satisfies the conditions for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry prohibition
  • Section 85 B.N.S.
  • Section 3 D.P. Act
  • Section 4 D.P. Act
  • marital dispute
  • maintenance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70216 of 2025
                 Arising Out of PS. Case No.-577 Year-2024 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
                 Rohit Kumar S/O Rahul Prasad @ Munna Sah R/O Village and PO- Gorari,
                 P.S.- Karakat, Dist.- Rohtas

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Patna
           2.    Manisha Kumari W/O Rohit Kumar R/O Village and PO- Gorari, P.S.-
                 Karakat, Dist.- Rohtas At present D/O Satya Narayan Sah, R/O Vilol.-
                 Sakala Bazar, P.S.- Karakat, Dist.- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Babu Nandan Prasad
                 For the Opposite Party/s :     Mr.Shailendra Kumar
                 For the Opposite Party 2 :     Mr. Nagendra Upadhyay
                                                Mr. Gopal Krishna Nishant
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   06-04-2026         1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   complaint case no. 577 of 2024 dated 31.08.2024 registered for

                   the offence punishable under Sections 85 of the B.N.S. 2023 and

                   Section ¾ of the D.P. Act.

                       3. The prosecution case in short is that marriage of the

                   complainant was solemnized with the petitioner according to

                   Hindu rites and rituals on 27.02.2024. It is alleged that soon

                   after her marriage, all the accused persons named in the

                   complaint petition, including this petitioner, started assaulting

                   her for demand of a car and due to non fulfillment of the
Patna High Court CR. MISC. No.70216 of 2025(4) dt.06-04-2026
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          demand, she was thrown out from her matrimonial home on

          27.07.2024.

              4. Learned counsel for the petitioner submits that petitioner is

          innocent and he has not committed any offence in the manner

          alleged and has falsely been implicated in this case. He further

          submits that after 14 days of marriage, the complainant / oppo-

          site party no. 2 ran away with her brother-in-law Tuna Prasad

          for which the father of the petitioner has filed a Complaint Case

          No. 503 of 2024 against the opposite party no. 2 and her family

          members including her brother-in-law and the present case is

          filed as a counter blast to the Complaint Case No. 503 of 2024.

          He next submits that neither any dowry demand has been made

          from the complainant by the petitioner or any of his family

          members nor the complainant has been subjected to any type of

          assault or torture at any point of time. However, without preju-

          dice to the right and contention of the petitioner and in order to

          maintain harmony in the family, the petitioner undertakes to pay

          a sum of Rs. 3,000/- per month to the opposite party no. 2 as

          “living cost” subject to final outcome of the present case as well

          as matrimonial case and / or maintenance case filed and decided

          between the parties.

              5. Learned counsel for the complainant / opposite party no. 2
Patna High Court CR. MISC. No.70216 of 2025(4) dt.06-04-2026
                                            3/4




          submits that S.A. of the complainant on oath was recorded on

          12.09.2024 in which she has supported the prosecution case and

          the learned S.D.J.M., Bikramganj has taken cognizance

          under Section 85 of the B.N.S. and Section 3 / 4 of the D.P. Act.

          The complainant / opposite party no. 2 is at the verge of starva-

          tion. However, he accepts the offer so made by learned counsel

          for the petitioner and submits that the petitioner may be directed

          to deposit the said amount of Rs. 3,000/- per month in the bank

          account       of   the    complainant        /   opposite   party   no.   2,

          details of which shall be furnished by learned counsel for the

          opposite party no. 2 to learned counsel for the petitioner within

          ten days from today.

              6. After having heard learned counsel for the parties and

          taking into consideration the materials on record and the fact

          that offer made by learned counsel for the petitioner has been

          accepted by learned counsel for the opposite party no. 2, as

          such, I am inclined to grant privilege of anticipatory bail to the

          petitioner.

              7. Let the petitioner, above named, in the event of his arrest /

          surrender before the learned court below within a period of six

          weeks from today be released on anticipatory bail on furnishing

          bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
               Patna High Court CR. MISC. No.70216 of 2025(4) dt.06-04-2026
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                         like amount each to the satisfaction of learned S.D.J.M.,

                         Bikramganj, Rohtas in connection with Complaint Case No. 577

                         of 2024 subject to the condition as laid down under Section

                         482(2) of the B.N.S.S. as well as the following condition:-

                                         (i) that the petitioner shall deposit a sum of

                                  Rs. 3,000/- per month in the bank account of the

                                  opposite party no. 2 positively by the 7th day of

                                  every month starting from the month of May, 2026.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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