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Patna High Court

Kedar Agrawal @ Kedar Kumar AgrawwalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the allegations were insufficient to justify continued detention and ordered the petitioner’s release on bail.

Summary

The petitioner, Kedar Agrawal, was charged under IPC sections 323, 341, 498A/34 and Section 3 of the Dowry Prohibition Act for alleged cruelty and dowry demand against his wife, Jyoti Agrawal. The petitioner contended that the complaint was false, arising from a family dispute after his wife forced him to shift her shop and later left the matrimonial home, and that the dowry demand was raised 13 years into the marriage. The wife did not appear before the court, and the State’s counsel argued that the allegations were specific to the petitioner. The court observed that the dowry demand after such a long period appeared vague and omnibus, suggesting a lack of prima facie case. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether the allegations under Sections 498A and the Dowry Prohibition Act constitute a prima facie case justifying arrest.
  • Whether the complaint is an abuse of process and therefore bail should be granted.
  • Whether the delay of 13 years in alleging dowry demand undermines the credibility of the complaint.

Legislation cited

Subjects

  • bail
  • 498A
  • dowry prohibition
  • false complaint
  • criminal procedure
  • domestic violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7584 of 2025
                   Arising Out of PS. Case No.-92 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Kedar Agrawal @ Kedar Kumar Agrawwal S/o- Vijay Agrawal @ Vijay
                 Kumar Agrawal, Resident of Village- Malipur, Police Station- Gadhpura,
                 District-Begusarai.                                   ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar.
           2.     Jyoti Agrawal W/o- Kedar Agrwal @ Kedar Kumar Agrawwal, Resident of
                  Village- Malipur, Police Station- Gadhpura, District- Begusarai, At present
                  R/o Muhalla - Punjabi Colony, Ward-9, P.S.- Samastipur Town, Dist-
                  Samastipur.
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Kundan Kumar, Advocate
                 For the Opposite Party/s :     Mr.Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

7   05-01-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                    2. The accused/petitioner apprehending his arrest in

                   connection with CR Case No.           92 of 2023 registered for the

                   offences punishable under Sections 323, 341, 498A/34 of the

                   Indian Penal Code and Section ¾ of Dowry Prohibition Act.

                                3. The allegation is alleged to commit cruelty upon

                   opposite party no. 2 by petitioner being husband due to non

                   bringing of valuables of about Rs. 1 lacs on par of the materials

                   and valuables given on the occasion of marriage of his sister-in-law

                   by his in-laws.
Patna High Court CR. MISC. No.7584 of 2025(7) dt.05-01-2026
                                            2/3




                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that marriage of petitioner solemnized with

          opposite party no. 2 in year 2010 and they have two sons and one

          daughter out of said wedlock. It is pointed out that opposite party

          no. 2 forced petitioner to shift her shop from rural area to

          town/city of Samastipur, which upon refusal, the present false

          case was lodged. It is pointed out that the opposite party no. 2 left

          her matrimonial home out of her own and normal family disputes

          and differences were given a colour of cruelty through present

          criminal complaint case. It is pointed out that though allegation of

          assault is also available against brother of the petitioner but he

          was not made an accused, which prima facie suggest the intention

          of false implication of petitioner.                 Petitioner claimed clean

          antecedent.

                       5. Despite of service of notice, none appeared on behalf

          of opposite party no. 2.

                       6. Learned APP appearing for State submitted that the

          allegation is specific against petitioner, who is husband.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as allegation qua demand of dowry was raised

          after about 13 years of marriage, which also appears very much

          general and omnibus allegation, accordingly, above named
              Patna High Court CR. MISC. No.7584 of 2025(7) dt.05-01-2026
                                                          3/3




                        petitioner, in the event of his arrest or surrender before the

                        learned trial Court, within a period of four weeks of the order, 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 Sub-Divisional Judicial

                        Magistrate, Samastipur/concerned Court, where the case is

                        pending in connection with CR Case No. 92 of 2023, subject to

                        the conditions as laid down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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