Patna High Court
Kedar Agrawal @ Kedar Kumar AgrawwalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 498A
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/-
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