Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioner, subject to a bond and sureties, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Mukesh Kumar petitioned the Patna High Court for bail after a complaint was lodged against him under IPC sections 323, 498A, 504, 506, 34 and Dowry Prohibition Act sections 3 and 4, alleging that he and his family demanded dowry, tortured his wife Rinku Kumari and evicted her from their matrimonial home. The petitioner denied the allegations, claiming he was falsely implicated because he is the husband of the alleged victim, and argued that the matter is triable by a magistrate. He relied on the precedent set in Md. Naimul Haque Ansari & Ors. v. State of Bihar (2006 (3) PLJR 182). The court, after hearing counsel and noting the absence of the second opposite party, considered the facts and the cited judgment and ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order was conditioned on the petitioner’s surrender within eight weeks and compliance with the magistrate’s directions.
Issues considered
- Whether the petitioner is entitled to bail in a case involving offences under IPC sections 323, 498A, 504, 506, 34 and Dowry Prohibition Act sections 3 and 4.
- Whether the case is triable by a magistrate and bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner has been falsely implicated in the dowry‑related offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 498A, 504, 506
Subjects
- bail
- dowry harassment
- IPC
- Section 482
- criminal procedure
- false implication
- matrimonial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74433 of 2024
Arising Out of PS. Case No.-973 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
Mukesh Kumar Son of Shankar Bhagat Resident of Village- Dharopali, P.S.-
Sahebganj, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rinku Kumari Wife of Mukesh Kumar, D/O Shivshankaar Bhagat Resident
of Village- Visarpatti, P.S.- Saraiya, Dist.- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Poonam Kumari
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and the
State. Despite valid service of notice, nobody appears for
opposite party no.2.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 323, 498A, 504, 506,34
and other allied sections of the Indian Penal Code and sections
3 & 4 of the Dowry Prohibition Act.
3. As per the prosecution case, petitioner was married to
opposite party no.2. After sometime, petitioner and his family
members started demanding dowry and on non-fulfilment of
demand of dowry, accused persons committed torture on
opposite party no.2 and ousted her from the matrimonial house.
4. Learned counsel appearing for the petitioner while
denying the allegations, submits that the petitioner has falsely
been implicated in this case because he is husband of the
victim. However, petitioner is ready to keep the victim in
Patna High Court CR. MISC. No.74433 of 2024(3) dt.05-02-2026
2/2
matrimonial house with honour and dignity. Learned counsel
submits that the case is triable by the Magistrate. Petitioner has
relied upon judgment of this Court, passed in case of Md.
Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs.
The State of Bihar, reported in 2006(3) PLJR 182.
5. Considering the aforesaid facts and circumstances
of the case as also the judgment of this Court, in the event of
arrest or surrender within eight weeks from today, let this
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the Sub Divisional
Judicial Magistrate, West Muzaffarpur in Complaint Case No.
973/2022/ Trial No. 4059 of 2022, subject to the conditions laid
down under section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashi/-
U T
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