Patna High Court
Keshav ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court declined to grant pre‑arrest bail and recalled the interim protection, disposing of the bail application.
Summary
The petitioner, Keshav Thakur, applied for pre‑arrest bail in a complaint case involving alleged offences under Sections 323 and 498(A) of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. The State opposed the bail, while the complainant (the petitioner's wife, Pooja Kumari) contended that the petitioner was cohabiting with another woman without obtaining a divorce. The court examined the allegations, noting that they could be verified by the District Court, and found no basis to interfere with the earlier order. Consequently, the interim protection previously granted to the petitioner on 15‑12‑2025 was recalled. The bail application was therefore disposed of, effectively denying pre‑arrest bail.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case involving offences under IPC Sections 323 and 498(A) and the Dowry Prohibition Act
- Whether the court should interfere with the earlier interim protection order granted to the petitioner
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 498A
Subjects
- pre‑arrest bail
- Indian Penal Code
- Section 323
- Section 498A
- Dowry Prohibition Act
- marital dispute
- interim protection order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85266 of 2025
Arising Out of PS. Case No.-1237 Year-2024 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
Keshav Thakur Son of Shri Sudarshan Thakur Resident of Jay Prakash Nagar
I.T.I. Colony, Ward No.- 2, Road No.- 04, Bettiah, P.S.- Bettiah Muffasil,
District - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pooja Kumari Wife of Keshav Thakur Resident of Jay Prakash Nagar I.T.I.
Colony, Ward No.- 2, Road No.- 04, Bettiah, P.S.- Bettiah Muffasil, District
- West Champaran, presently residing at D/o Arun Thakur, Resident of
Hospital Road Goldar Patti, Ward No.- 2, P.S.- Bettiah Town, District - West
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
For the O.P. No.2 : Mr. Ajeet Kumar Bhardwaj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 09-04-2026 Heard Mr. Suraj Kumar, learned counsel appearing
on behalf of the petitioner; Mr. Manoj Kumar, learned APP for
the State and Mr. Ajeet Kumar Bhardwaj, learned counsel for
the O.P. No.2.
2. The petitioner seeks pre-arrest bail in connection
with Complaint Case No. 1237C/2024 registered for the
offence(s) punishable under Sections 323 and 498(A) of the
Indian Penal Code and Section ¾ of D.P. Act.
3. At the outset, Mr. Ajeet Kumar Bhardwaj, learned
counsel, has tendered his appearance on behalf of the
Patna High Court CR. MISC. No.85266 of 2025(4) dt.09-04-2026
2/2
complainant/O.P. No.2 and he informs that the petitioner, who is
husband of the complainant/O.P. No.2 is living with another
lady and has established open relationship with her without
obtaining a decree of divorce from the O.P. No.2.
4. Considering the aforesaid information, which can
be verified by the learned District Court, this Court finds no
ground to interfere with the impugned order. The parties may
avail appropriate remedy in accordance with law before the
learned District Court.
5. The interim protection granted to the petitioner
vide order dated 15.12.2025 is hereby recalled.
6. The bail application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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