Patna High Court
Mohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Pre‑arrest bail was denied as the nature and gravity of the offences, including alleged dowry harassment and assault, warranted the petitioner’s custody.
Summary
The petitioner, Mohit Kumar, sought pre‑arrest bail after being implicated in a case alleging assault and dowry harassment under IPC sections 341, 323, 498, 506 and Dowry Prohibition Act sections 3 and 4. The prosecution alleges that he, along with co‑accused, assaulted the informant for failing to meet a demand for a bullet motorcycle as dowry. The petitioner contended he is innocent, has a clean antecedent, and denies any dowry demand, asserting he is merely the informant's brother‑in‑law. The State argued that the petitioner exploited his sister‑in‑law physically, demanded money and a motorcycle as dowry, and therefore should not be released. Considering the seriousness of the charges and the alleged conduct, the court rejected the petition for pre‑arrest bail, ordering the petitioner to remain in custody.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in light of the allegations under IPC sections 341, 323, 498, 506 and Dowry Prohibition Act sections 3 and 4.
- Whether the nature and gravity of the alleged offences justify denial of bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 341, 498, 506
Subjects
- pre‑arrest bail
- dowry harassment
- assault
- IPC
- Dowry Prohibition Act
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82808 of 2025
Arising Out of PS. Case No.-217 Year-2024 Thana- NOKHA District- Rohtas
======================================================
Mohit Kumar S/o- Sanjay Singh R/o - Bhikharidih, P.S - Nonsari, P.S - Nokha
O.P Dharmpura, District - Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Kumari w/o- Raushan Kumar Singh, D/o- Suresh Singh R/v-
Doihri Barna Po Ps- Rajpur Dist- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv.
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 341 , 323, 498 and 506 of
IPC and 3/ 4 of the D. P Act.
3. As per the prosecution case, this petitioner and
other co-accused persons are alleged to have assaulted the
informant due to non-fulfillment of demand of Bullet
motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged.
Petitioner is the brother-in-law of the informant. Petitioner has
never demanded any dowry from informant and has got no
Patna High Court CR. MISC. No.82808 of 2025(2) dt.05-01-2026
2/2
concern with the alleged occurrence. Petitioner claims clean
antecedent.
5. Learned counsel for the State opposes the prayer
for bail and submits that petitioner is brother-in-law of the
informant and he married with the wife of his elder brother
without any divorce and exploited her physically for four
months and also demanded money and bullet motorcycle as
dowry.
6. Considering the nature of accusation and gravity of
offence, prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
shivam/-
U T
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