Patna High Court
Rohit Ranjan Kumar @ Prem KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 498-A
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
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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
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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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