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Patna High Court

Rohit Ranjan Kumar @ Prem KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the prima facie general and omnibus nature of the cruelty allegations warranted the petitioner’s release on bail.

Summary

Rohit Ranjan Kumar (Prem Kumar) was named in a complaint (Case No. 363 of 2022) alleging cruelty under Section 498-A of the IPC for demanding a dowry of a motorcycle. The petitioner argued that the marriage had been estranged since 2019, the complainant refused to resume cohabitation, and she had already received Rs. 5 lakh of an agreed alimony of Rs. 8 lakh before disappearing, indicating the complaint was filed in a mechanical and omnibus manner. The learned APP and informant could not refute these factual submissions. The court found the allegations prima facie general and omnibus and, considering the circumstances, directed the petitioner’s release on bail. Bail was granted on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether the allegations of cruelty under Section 498-A IPC justify denial of bail to the petitioner.
  • Whether the petitioner is entitled to bail pending trial in view of the matrimonial and alimony circumstances.

Legislation cited

Subjects

  • dowry harassment
  • Section 498-A
  • bail
  • marital dispute
  • cruelty
  • alimony

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.86741 of 2024
                   Arising Out of PS. Case No.-363 Year-2022 Thana- COMPLAINT CASE - PATNA CITY
                                                       District- Patna
                  ======================================================
                  Rohit Ranjan Kumar @ Prem Kumar Son of Sri Nawal Kishore Pandit
                  Resident of Village- Sonaru, Patel Nagar, P. S.- Fatuha, District- Patna.
                                                                                ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar
            2.     Seema Kumari Wife of Rohit Ranjan Kumar @Prem Kumar, Daughter of Jai
                   Lal Pandit Resident of Village- Chhoti Pahari, Kumhartoli, P. S.- Agamkuan,
                   District- Patna.
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Rajendra Prasad, Sr. Adv
                                           :      Mr. Ritesh Kumar, Adv
                                           :      Mr. Pramod Kr. Adv
                                           :      Ms. Srishti, Adv
                  For the Opposite Party/s :      Mr. Choubey Jawahar. APP
                  For the Informant        :      Mr. Avinash, Adv
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER

11   19-01-2026                    Heard the parties.

                                  2. The petitioner is named in the complaint petition and

                    apprehending his arrest in connection with Complaint Case No.

                    363 of 2022 registered for the offences punishable under Sections

                    498-A of the Indian Penal Code.

                                  3. The allegation against petitioner is to commit cruelty

                    upon complainant due to non-fulfillment of demand of dowry as

                    raised for one motorcycle along with other family members/co-

                    accused persons.

                                  4. It is submitted by learned counsel appearing on

                    behalf of the petitioner that complainant is not ready to continue
Patna High Court CR. MISC. No.86741 of 2024(11) dt.19-01-2026
                                            2/3




          her matrimonial life with petitioner and she also refused to join her

          matrimonial home with petitioner during mediation proceedings. It

          is submitted that parties are living separately since 2019 and there

          is no probability to continue marriage. It is also pointed out that

          aforesaid allegation raised for one motorcycle in very mechanical

          manner which also appears to be raised in very general and

          omnibus manner making other family members accused. It is also

          submitted that complainant while mediating the matter before the

          learned trial court agreed to dissolve the marriage against

          permanent alimony of Rs. 8 lakhs out of which Rs. 5 lakhs was

          received by her and thereafter she never turned up and in this way

          she cheated petitioner.

                       5. Learned APP duly assisted by learned counsel for the

          informant could not disputed aforesaid factual submission as

          advanced by learned counsel for petitioner.

                       6. In view of aforesaid factual submission and by taking

          note of fact as allegation of cruelty prima-facie appears very much

          general     and     omnibus       against      petitioner/husband,   where

          complainant received Rs. 5 lakhs against Rs. 8 lakhs, agreed

          permanent alimony, accordingly petitioner above-named, in the

          event of his arrest or surrender before the court below within a

          period of four weeks, is directed to be released on bail, furnishing
               Patna High Court CR. MISC. No.86741 of 2024(11) dt.19-01-2026
                                                           3/3




                         bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

                         sureties of the like amount each to the satisfaction of the learned

                         A.C.J.M.-II, Patna City/concerned Court, where the case is

                         pending in connection with Complaint Case No. 363 of 2022,

                         subject to the conditions as laid down under Section 438(2) of the

                         Cr.P.C/ Section 482(2) of BNSS.


                                               (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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