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Patna High Court

Hardeo KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.

Summary

The petitioner, Hardeo Kumar, sought relief fearing arrest in a dowry‑related case (PS‑Dhangai Case No.41 of 2022) that alleged offences under several IPC sections including 341, 323, 506, 379, 498‑A, 494 and 34. The prosecution alleged that he tortured his wife to extract dowry and expelled the informant from the matrimonial home. The petitioner contended that he was falsely implicated and highlighted that the informant had remarried and filed a supplementary affidavit supporting his claim. Relying on the informant’s remarriage, the Court allowed the petition and granted bail, directing the petitioner to furnish a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS. The order directed that bail be granted if the petitioner is arrested or surrenders within four weeks.

Issues considered

  • Whether bail should be granted to the petitioner under Section 438(2) of the Code of Criminal Procedure, 1973 in view of the pending charges under the IPC.

Legislation cited

Subjects

  • bail
  • dowry harassment
  • IPC
  • Section 438 CrPC
  • Section 482
  • arrest apprehension
  • matrimonial dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90921 of 2025
                        Arising Out of PS. Case No.-41 Year-2022 Thana- DHANGAI District- Gaya
                 ======================================================
                 Hardeo Kumar S/O Rameshar Yadav Resident of village- Modhi, P.S-
                 Dhangai, Dist-Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Lalita Kumari Wife of Hardeo Kumar Daughter of Raj Kumar Yadav
                 Resident of village- Ratni, P.S- Barachatti, Dist-Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Binod Kumar Sinha
                 For the Opposite Party/s :        Mr.Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   26-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Dhangai P.S. Case No. 41 of 2022 registered

                   for the offence under Sections 341, 323, 506, 379, 498-A, 494,

                   34 of the Indian Penal Code.

                                   3. As per the prosecution case, the petitioner is

                   accused of torturing his wife for demand of dowry and has also

                   ousted the informant from her matrimonial house.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that the
          Patna High Court CR. MISC. No.90921 of 2025(3) dt.26-02-2026
                                                      2/2




                    informant has remarried with one Upendra Yadav and living

                    happily with him and in support of the same, he has also filed a

                    supplementary affidavit in this case.

                                    5. Considering the fact that opposite party no. 02

                    has remarried, this application is allowed.

                                    6. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released 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 Judicial

                    Magistrate, 1st Class, Sherghati, Gaya/ concerned Court below in

                    connection with Dhangai P.S. Case No. 41 of 2022,subject to the

                    conditions laid down in Section 438(2) of the Code of Criminal

                    Procedure, 1973 / Section 482 of the BNSS.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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