Patna High Court
DEEPAK KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, given the general and omnibus nature of the allegations and the prima facie dispute over the marriage, bail should be granted to the petitioner.
Summary
The petitioner, Deepak Kumar, sought bail after being named in a complaint (Case No. 1380 of 2022) alleging offences under Sections 323, 498A of the IPC and Section 4 of the Dowry Prohibition Act, claiming cruelty and a dowry demand of Rs.5 lakh and a four‑wheeler. The petitioner contended that the complaint was false, that the complainant was his niece and not his wife, and that Section 498A was being misused. The respondent argued that a marriage had been solemnised on 18‑04‑2019, though the factual relationship remained disputed. The court observed that the allegations of dowry demand and cruelty were general and omnibus, and that the marriage claim was prima facie disputed, warranting bail. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Sections 438(2) Cr.P.C. and 482(2) Cr.P.C.
Issues considered
- Whether the petitioner should be arrested in connection with the complaint under Sections 323, 498A IPC and Section 4 DP Act.
- Whether the allegations constitute a false or frivolous complaint.
- Whether bail should be granted to the petitioner under Section 438 of the Cr.P.C.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 323, 498A
Subjects
- bail
- dowry harassment
- Section 498A misuse
- cruelty
- false complaint
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70621 of 2023
Arising Out of PS. Case No.-1380 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
Deepak Kumar S/O Sri Sonelal Rawat R/O Village- Methurapur, P.S- Sadar,
Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Divya Bharti D/O Sanjit Kumar R/O Village- Methurapur Nayatola, P.S-
Sadar, Distt.- Muzaffarpur, Wife Of Deepak Kumar Resident Of Village-
Meturapur, P.S- Sadar, Distt.- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Bela Singh, Adv.
For the Opposite Party/s : Mr. Pradeep Narain Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 13-01-2026 Heard the parties.
2.The petitioner is named in the complaint case
and apprehending his arrest in connection with Complaint
Case No. 1380 of 2022 registered for the offences
punishable under Sections 323, 498A of IPC and Section
4 of D.P. Act.
3. The allegation against petitioner is to commit
cruelty upon complainant alongwith family members due
to non fulfillment of demand of dowry as raised for cash
of Rs. 5 lakh and one four wheeler.
4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.70621 of 2023(5) dt.13-01-2026
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on behalf of the petitioner that the present is the glaring
example that how the provision of 498A of IPC, was
misused by the society. It is submitted that to settle the
property dispute the complainant who never married with
petitioner as she is the niece of the petitioner, filed the
present false and frivolous complaint case claiming her as
wife of this petitioner. In support of her submission said
fact was averred on affidavit through present bail petition
and same is mentioned through para 10 and 11 of the
present bail petition. While concluding argument, it is
submitted that even the allegation of demand of dowry
and cruelty appears very much general and omnibus
against this petitioner.
5. Taking contrary to the aforesaid submission,
it is submitted by learned counsel for the OP No. 2 that
the marriage of complainant with petitioner was
solemnized on 18.04.2019, however, he could not
disputed the factual submission that complainant is the
niece of the petitioner.
Patna High Court CR. MISC. No.70621 of 2023(5) dt.13-01-2026
3/3
6. In view of aforesaid factual submission and
by taking note of fact as marriage, in issue, appears
prima-facie disputed, coupled with the fact that allegation
qua demand of dowry and cruelty appears general and
omnibus as raised through present complaint petition,
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 Complaint Case No. 1380 of 2022,
subject to the conditions as laid down under Section
438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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