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Patna High Court

DEEPAK KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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