Patna High Court
Rahul SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Petitioner Rahul Singh, husband of the complainant, was charged under Sections 498A and 420 of the Indian Penal Code for alleged dowry harassment and fraud. He contended that the case stemmed from a petty family dispute, he had a clean antecedent, and the matter was triable by a magistrate. Relying on a prior judgment of this Court (Md. Naimul Haque Ansari v. State of Bihar) and asserting his willingness to keep his wife with dignity, he sought anticipatory bail. The Court examined the nature of the allegations, the applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, and the petitioner's clean record. Finding merit in the petitioner's contentions, the Court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and the condition that the petitioner surrender within eight weeks.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under Sections 498A and 420 IPC.
- Whether the High Court can intervene under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the case being triable by a magistrate.
- Whether the petitioner's claim of a family dispute and clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 420, 498A
Subjects
- dowry harassment
- anticipatory bail
- Section 498A IPC
- Section 420 IPC
- Section 482(2) B.N.S.
- family dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83531 of 2025
Arising Out of PS. Case No.-502 Year-2024 Thana- SIWAN COMPLAINT CASE District-
Siwan
======================================================
Rahul Singh S/O Subhash Singh Resident of Siswa P.S.- G.B. Nagar, Dist.-
Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rupa Kumari D/O Umesh Singh R/O Vill.- Sahpur, P.S.- G.B. Nagar,
Tarwara, Dist.- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Chandra, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 16-03-2026 Despite valid service of notice, none appears on
behalf of the opposite party no. 2.
2. Heard learned counsel for the petitioner and State.
3. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 498(A), 420 of the
Indian Penal Code.
4. As per prosecution case, marriage of the
complainant was solemnized with this petitioner on 16.02.2021
and thereafter, it is alleged that all the named accused persons
including this petitioner tortured and harassed the complainant
due to non-fulfillment of demand of dowry.
5. It is submitted on behalf of petitioner that petitioner
happens to be husband of the complainant and present case has
Patna High Court CR. MISC. No.83531 of 2025(4) dt.16-03-2026
2/2
been lodged due to petty family dispute. There is general and
omnibus allegation of commission of assault against him. It is
further submitted that petitioner is ready to keep the
complainant, as his wife, with full honour and dignity. It is next
submitted that the case is triable by the Magistrate. In this
connection, petitioner has relied upon a judgment of this Court
in the case of Md. Naimul Haque Ansari @ Naimul Haque
Ansari & Ors. Vs. The State of Bihar, reported in 2006(3)
PLJR 182. Petitioner claims clean antecedent.
6. Considering the aforesaid contention made on
behalf of the petitioner this anticipatory bail is allowed and it is
ordered that let the above named petitioner, in the event of his
arrest/surrender within a period of eight weeks from today, 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 learned Chief Judicial Magistrate, Siwan in
connection with Complaint Case No. 502 of 2024, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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