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Patna High Court

Amit Kumar Rai @ Amit Kumar Ray @ Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court allowed the anticipatory bail application, subject to conditions, exercising its inherent powers under Section 482 of the CrPC.

Summary

The petitioner, Amit Kumar Rai, sought anticipatory bail after a complaint was lodged against him under Section 498A of the IPC read with Section 4 of the Dowry Prohibition Act. He alleged that his wife, Puja Kumari, had concealed a prior marriage to a man named Sumit and had a daughter from that marriage, rendering their own marriage void. Rai claimed the complaint was false and that he was caring for a male child born from their union, while Puja had left the child with him. The State argued that a process under Section 82 CrPC had been issued, which normally bars anticipatory bail, but the court considered the specific facts. The High Court held that anticipatory bail could be granted subject to conditions, invoking its inherent powers under Section 482 of the CrPC. Consequently, the application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted when a process under Section 82 CrPC has been issued.
  • Whether the complaint under Section 498A IPC and Dowry Prohibition Act is false on the ground of a prior marriage.
  • Whether the marriage between the petitioner and the respondent is void due to the respondent's earlier marriage.

Legislation cited

Subjects

  • anticipatory bail
  • Section 498A
  • dowry harassment
  • void marriage
  • prior marriage
  • false complaint
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91259 of 2025

                   Arising Out of PS. Case No.-249 Year-2023 Thana- BEGUSARAI COMPLAINT CASE
                                               District- Begusarai
                 ======================================================
                 Amit Kumar Rai @ Amit Kumar Ray @ Amit Kumar Son of late Amarkant
                 Roy Resident of village- Baghwa, ward no. 7, P.S.- Simri Bakhtiyarpur, Dist.-
                 Saharsa.


                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Puja Kumari W/o Amit Kumar Rai @ Amit Kumar Roy @ Amit Kumar
                 Resident of Village- Baghwa, Ward No.-6, Post- Gopalpur, P.S.- Simri
                 Bakhtiyarpur, District- Saharsa. At present- D/o Ganga Thakur, resident of
                 Vishwanath Nagar, Ward No.-23, Road No.-5, P.S.- Nagar Thana, Dist.-
                 Begusarai


                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Kumar Goutam, Advocate
                 For the Opposite Party/s :    Mr. Anuj Kumar Shrivastava, APP
                 For the O.P. No. 2       :    Mr. Sujeet Kumar Gupta, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                               ORAL ORDER


3   23-02-2026                   1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the O.P. No. 2,

                                 2. The petitioner apprehends his arrest in a case
Patna High Court CR. MISC. No.91259 of 2025(3) dt.23-02-2026
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          registered for the offences punishable under Section 498A of the

          Indian Penal Code read with Section 4 of the Dowry Prohibition

          Act.

                       3. Learned counsel for the petitioner submits that the

          dispute is matrimonial. It is next submitted that petitioner

          married the O.P. No. 2 and out of the wedlock a male child was

          born who presently is with the petitioner, but then petitioner

          came to know that O.P. No. 2 was married from before with one

          Sumit and out of the wedlock, a daughter was born who

          presently is aged about seven years and when petitioner

          confronted the O.P. No. 2 on the issue, the instant false case

          came to be instituted. It is further submitted that it is not in

          dispute that O.P. No. 2 is married to Sumit and out of the

          wedlock, a girl child was born who presently is with the O.P.

          No. 2. It is also submitted that O.P. No. 2 has not divorced her

          earlier husband Sumit and concealing the fact that she was

          married from before, performed her marriage with the petitioner.

          It is next submitted that since O.P. No. 2 is married from before,

          as such, her marriage with the petitioner concealing the said fact

          does not give rise to legitimate marriage, it is submitted that the

          marriage is void. It is also submitted that O.P. No. 2 leaving the

          male child with the petitioner had left the house and the
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          petitioner is taking care of the child.

                       4. The learned counsel appearing on behalf of the O.P.

          No. 2 is not in a position to rebut the submission of the learned

          counsel appearing on behalf of the petitioner that O.P. No. 2 is

          married from before and from her first marriage, a girl child was

          born and the O.P. No. 2 has not divorced her earlier husband.

                       5. At this stage, the learned counsel appearing on

          behalf of the petitioner submits that while filing the instant

          complaint case, the O.P. No. 2 concealed the fact that she was

          married from before rather gave an impression to the Court that

          the children i.e. both female and male were born out of the

          wedlock in between the petitioner and the O.P. No. 2. It is

          submitted that the complaint case does not even remotely

          suggest that O.P. No. 2 was married from before and was having

          a girl child from her first marriage, it is also submitted that

          during her S.A. before the learned Trial Court, the said fact i.e.

          about her earlier marriage and child was also concealed.

                       6. The learned counsel appearing on behalf of the O.P.

          No. 2, at this stage, submits that process under Section 82

          Cr.P.C. has been issued, on which the learned counsel appearing

          on behalf of the petitioner submits that no doubt when a process

          under Section 82 Cr.P.C. is issued, it becomes difficult for an
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          accused to get the privilege of anticipatory bail, but then the

          facts of the case also needs to be appreciated. It is also

          submitted that it is not that in all cases where process under

          Section 82 Cr.P.C. is issued, the anticipatory bail is barred. It is

          reiterated and submitted that petitioner was completely unaware

          that the O.P. No. 2 was married from before and was having a

          girl child from her first marriage and the O.P. No. 2 concealing

          the said fact married the petitioner, but then the marriage is a

          void marriage, since till date O.P. No. 2 has not obtained divorce

          from her first husband. It is also reiterated and submitted that

          petitioner is taking care of his child whom O.P. No. 2 left with

          her and refused to take the child back, as would manifest that

          from Annexure P/3A at Page 33 where the Women Helpline had

          tried to mediate the issue, but then it is recorded that O.P. No. 2

          refused to take the child back with her.

                       7. After hearing the learned counsel for the parties

          and considering the submissions made by the learned counsel

          appearing on behalf of the petitioner, the petitioner above-

          named, in the event of his arrest or surrender within a period of

          six weeks from today, be released on anticipatory bail on

          furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of
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                      the learned trial court where the case is pending/successor court

                      in connection with Complaint Case No. 249 of 2023 subject to

                      the conditions as laid down under Section 482 (2) of BNSS.

                                   8. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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