Patna High Court
Basudeo Kumar @ Basudeo MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The Court directed the petitioner to apply to the magistrate for regular bail, with the magistrate to grant interim bail for one month.
Summary
The petitioner, Basudeo Kumar, feared arrest in connection with a criminal complaint (Case No. 1557(C) of 2023) alleging offences under IPC sections 498(A), 323, 324, 504, 34 and Section 3 of the Dowry Prohibition Act. He expressed willingness to keep the second opposite party, Nipu Kumari, with him. The Patna High Court, after hearing counsel, disposed of the bail application, directing the petitioner to approach the magistrate for regular bail. The Court further directed that the magistrate should grant interim bail for a period of one month. If during that period the second opposite party does not stay with the petitioner, the magistrate may pass any appropriate order as per law. The order essentially provides a procedural pathway for the petitioner to obtain bail while the substantive criminal proceedings continue.
Issues considered
- What is the appropriate relief for a petitioner apprehending arrest in a pending criminal case involving multiple IPC and DP Act offences?
- Whether the petitioner is entitled to interim bail pending regular bail application before the magistrate.
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 324, 34, 498A, 504
Subjects
- bail
- interim bail
- regular bail
- IPC
- Dowry Prohibition Act
- anticipatory arrest
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72835 of 2025
Arising Out of PS. Case No.-1557 Year-2023 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
Basudeo Kumar @ Basudeo Mukhiya Son of Nandkishor Mukhiya R/o Vill.
Inar Barwa, P.S. Bhairoganj, Dist. - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nipu Kumari @ Nipu Devi W/o Basudeo Mukhiya @ Basudeo Kumar, D/o
Dhrup Mukhiya Current Residence Vill - Inar Barwa, P.S. Bhairoganj, Dist. -
West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Sharma
For the Opposite Party/s : Ms. Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Complaint Case No. 1557(C) of 2023 registered for the offences
under Sections 498(A), 323, 324, 504 and 34 of the Indian Penal
Code and Section ¾ of the DP Act.
3. The learned counsel for the petitioner at the very
outset submits that the petitioner is ready to keep the O.P. No. 2.
4. Considering the submission of the learned counsel
for the petitioner, this application is disposed of with a direction
to the petitioner to approach the learned Magistrate and pray for
regular bail on the aforesaid ground.
Patna High Court CR. MISC. No.72835 of 2025(3) dt.21-01-2026
2/2
5. If such an application is filed, the learned
Magistrate shall grant interim bail to the petitioner for a period
of one month. During the said period, if Opposite Party No. 2
does not stay with the petitioner, the learned Magistrate shall be
at liberty to pass an appropriate order in accordance with law.
(Sandeep Kumar, J)
Shishir/-
U T
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