Patna High Court
Hardeo KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 34, 341, 379, 494, 498-A, 506
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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