Patna High Court

Rahul Kumar @ Rahul Kumar GuptaversusThe State of Bihar

Decided: 16 March 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to prescribed conditions.

Summary

Petitioner Rahul Kumar, husband of the complainant, was charged under IPC sections 498A, 323, 420 and Dowry Prohibition Act sections 3 and 4 for alleged dowry harassment and assault. He contended that the case stemmed from a petty family dispute, that he had a clean antecedent, and that the matter was triable by a magistrate. Relying on a prior judgment of this Court, he applied for anticipatory bail. The Court examined the allegations and the petitioner's submissions, noting that the case could be dealt with by the magistrate and that anticipatory bail was appropriate. Accordingly, the Court granted anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite allegations under IPC 498A, 323, 420 and the Dowry Prohibition Act.
Whether the offence is triable by a Magistrate and thus amenable to anticipatory bail.
Whether the conditions under Section 482(2) of the CrPC justify granting bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 323, 420, 498A

Subjects

anticipatory bail
dowry harassment
IPC 498A
Criminal Procedure Code
Section 482
magistrate jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83893 of 2025
                    Arising Out of PS. Case No.-828 Year-2023 Thana- SAHARSA COMPLAINT CASE
                                                     District- Saharsa
                 ======================================================
                 Rahul Kumar @ Rahul Kumar Gupta S/o Ram Das R/o Village - Bithan,
                 Ward No.10, P.S.- Bithan, District - Samastipur
                                                                 ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     Nitu Kumari D/o Gopal Das W/o Rahul Kumar, Resident of - Bhora, Ward
                  No.06, P.S - Simri Bakhtiyarpur, District - Saharsa
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Madhav Jha, Advocate
                 For the Opposite Party/s :    Mr. Pradeep Narain Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   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), 323, 420 of

                   the Indian Penal Code and Sections 3/4 of the Dowry

                   Prohibition Act.

                                4. As per prosecution case, marriage of the

                   complainant was solemnized with this petitioner on 02.05.2022

                   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
            Patna High Court CR. MISC. No.83893 of 2025(5) dt.16-03-2026
                                                        2/2




                      happens to be husband of the complainant and present case has

                      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 Judicial Magistrate, 1st Class, Saharsa in

                      connection with Complaint Case No. 828C of 2023, subject to

                      condition as laid down under Section 482(2) BNSS.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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