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Patna High Court

Amit Kumar Mishra @ Amit Kumar @ AmitversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.89187 of 2025(3) dt.06-04-2026
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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
Patna High Court CR. MISC. No.89187 of 2025(3) dt.06-04-2026
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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
           Patna High Court CR. MISC. No.89187 of 2025(3) dt.06-04-2026
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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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