Patna High Court
Amit Kumar Mishra @ Amit Kumar @ AmitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court held that bail is warranted in view of the limited maximum punishment and the petitioner’s clean record, subject to strict conditions.
Summary
The petitioner, Amit Kumar Mishra, was charged under Sections 323, 498A and 504 of the Indian Penal Code for alleged dowry demand, cruelty and assault following a marital dispute. He claimed innocence, stating the criminal case was filed after he initiated divorce proceedings and that he has no prior criminal record. The State and the complainant opposed bail, arguing the seriousness of the offences and the dowry demand. The Court considered that the maximum punishment for the offences is three years and that the petitioner has no antecedent, and therefore granted bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the CrPC and the Bihar Negotiable Securities Act, 2023. The order also stipulated cancellation of bail if any undisclosed criminal antecedent or false statements are discovered.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under Sections 323, 498A and 504 IPC.
- Whether the alleged dowry demand and cruelty justify denial of bail.
- Whether the petitioner’s lack of prior criminal antecedent and absence of earlier bail applications affect the bail decision.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 75
- Indian Penal Code — s. 323, 498A, 504
Subjects
- bail
- dowry harassment
- cruelty
- IPC 498A
- marital dispute
- anticipatory bail
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89187 of 2025
Arising Out of PS. Case No.-3112 Year-2022 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Amit Kumar Mishra @ Amit Kumar @ Amit S/o Late Upendra Kumar
Mishra, Resident of - Bankat, Ward No. 12, P.S and P.O - Keshariya, District -
East Champaran, Pin - 845424
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chitrarekha Kumari W/o Amit Kumar Mishra D/o Uday Prakash Mishra,
Resident of - Sheohar Municipal Corporation, Ward No. 18, P.S - Sheohar,
District - Sheohar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilesh Kumar Pandey, Advocate
For the State : Mr. Arun Kumar Singh, APP
For the complainant : Mr. Sriram Krishna, Advocate
Mr. Shashank Shekhar Kunwar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State as well as learned counsel for the
Complainant.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Complaint Case No. 3112 of 2022, filed for
the offences punishable under Sections 323, 498A, 341, 406 and
504 of the Indian Penal Code and Section ¾ of the D.P. Act.
However, cognizance has been taken under Sections 323, 498A
and 504 of the Indian Penal Code.
3. As per allegation, the petitioner was married with
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complainant in the year of 2015 and as per further allegation,
after the marriage, illegal demand of additional dowry of
Rs.10,00,000/- started and on account of non-fulfillment of the
same, she was subjected to torture and ultimately, she was
ousted from the matrimonial house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that the marriage is not working.
Hence, the petitioner has filed one divorce petition bearing
Matrimonial Case No. 164 of 2020 in the Court of Principal
Judge, Family Court, East Champaran at Motihari and after
getting notice of the divorce petition, the false criminal case
under Section 498A of the Indian Penal Code has been filed
against the petitioner and his family members.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State as well as
learned counsel for the complainant vehemently oppose the
prayer of the Petitioner for bail submitting that this is not true
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that the complainant has filed this complaint petition after
getting notice of the divorce petition. It has been filed on
account of cruelty committed by the petitioner and his family
members against the complainant and there was specific
demand of Rs.10,00,000/- as dowry and on account of non-
fulfillment of the same, she has been subjected to cruelty.
8. Considering the aforesaid facts and the fact that the
maximum punishment prescribed for the alleged offence is three
years, this petition is allowed, directing the petitioner, above-
named, to be enlarged on bail, in the event of his arrest or
surrender before the court below within a period of eight weeks
from the date of receipt / production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court Below, in connection
with Complaint Case No. 3112 of 2022, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
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concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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