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Patna High Court

Lochan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties.

Summary

Lochan Kumar, husband of Mohni Kumari, petitioned the Patna High Court seeking bail in a complaint case (No. 169 of 2022) that alleged offences under several IPC sections and the Dowry Prohibition Act. He contended that the allegations of matrimonial cruelty and dowry demand were false, noting that his wife had left him and remarried. The court noted the validity of the service of notice and the absence of representation for the second opposite party. Relying on the facts and precedent (Md. Naimul Haque Ansari v. State of Bihar), the court exercised its powers under Section 438(2) of the CrPC and Section 482 of the B.N.S.S. to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties of the same amount, subject to the conditions laid down by the S.D.J.M.-I Udakishunganj.

Issues considered

  • Whether the petitioner is entitled to bail despite pending charges under multiple IPC sections and the Dowry Prohibition Act
  • Whether the allegations of matrimonial cruelty and dowry demand constitute false implication
  • Whether the court can grant bail under Section 438(2) of the CrPC and Section 482 of the B.N.S.S.

Legislation cited

Subjects

  • bail
  • dowry harassment
  • matrimonial cruelty
  • false implication
  • IPC
  • CrPC
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8574 of 2026
                      Arising Out of PS. Case No.-169 Year-2022 Thana- COMPLAINT CASE - UDA-
                                            KISHUNGANJ District- Madhepura
                 ======================================================
                 Lochan Kumar Son of Late Dinesh Ram Resident of Village- Lalganj, Ward
                 No. 11, P.S.- Mohanpur, District- Purnea
                                                                       ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     Mohni Kumari Wife of Lochan Kumar, D/o Shankar Ram Resident of
                  Village- Ghughali Mandal Tola, Ward No. 10, P.S.- Alamnagar, Dist.-
                  Madhepura
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr.Alok Kumar Singh, Advocate
                 For the State          :       Mr.Mukesh Kumar Singh, APP
                 For the O.P.-2         :       None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   30-06-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State. Despite valid service of notice, nobody

                   appears on behalf of opposite party no. 2.

                                 2. The petitioner, husband of the opposite party no. 2,

                    apprehends his arrest in a case registered for the offence under

                    Sections 341, 323, 354, 354(B), 379, 380, 498-A, 504, 506, 34

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

                    Prohibition Act.

                                 3. Allegation against petitioner is of matrimonial

                    cruelty and demand for dowry.

                                4. While denying the allegations made in the present

                    petition, learned counsel for the petitioner submits that
           Patna High Court CR. MISC. No.8574 of 2026(4) dt.30-06-2026
                                                       2/2




                      petitioner has been falsely implicated in this case merely

                      because he happens to be husband of opposite party no. 2. At

                      no point of time, petitioner demanded any dowry or committed

                      torture with opposite party no. 2. In fact, the opposite party no.

                      2 herself has left the house of petitioner and solemnized second

                      marriage with one Navneet Kumar. Moreover, the case is

                      triable by the learned Magistrate. The petitioner has further

                      relied upon the 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.

                                  5. Considering the aforesaid facts and circumstances,

                     in the event of arrest or surrender within a period of eight weeks

                     from today, let this petitioner, as named above, 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 the

                     learned S.D.J.M.-I Udakishunganj, District - Madhepura in

                     connection with Complaint Case No. 169 of 2022, subject to the

                     conditions, as laid down under Section 438(2) of the Cr.P.C./

                     Section 482 of the B.N.S.S.



                                                         (Prabhat Kumar Singh, J)
anay

U      T


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