Patna High Court
Abhishek Kumar Pathak @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, finding the complaint to be delayed and lacking specific substantive basis.
Summary
The petitioner, Abhishek Kumar Pathak, applied for anticipatory bail in a complaint case alleging multiple offences under the IPC and the Dowry Prohibition Act, stemming from a marital dispute after ten years of marriage. The complainant alleged physical and mental assault, extortion of money, and forced eviction from the matrimonial home. The petitioner contended that the allegations were false, concocted after a decade of marriage, and that he had filed a restitution of conjugal rights petition under the Hindu Marriage Act. The court noted the delay in filing the complaint and the general nature of the allegations, and found no sufficient ground to deny bail. Consequently, the court granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under the IPC and Dowry Prohibition Act.
- Whether the delay of ten years in filing the complaint indicates that the allegations are false or concocted.
- Whether the conditions under Section 438 CrPC and Section 482(2) BNSS, 2023 justify the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Hindu Marriage Act — s. 9
- Indian Penal Code — s. 307, 323, 34, 354, 420, 498A, 504, 506
Subjects
- anticipatory bail
- IPC offences
- dowry prohibition
- marital dispute
- false allegations
- restitution of conjugal rights
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91266 of 2025
Arising Out of PS. Case No.-880 Year-2023 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Abhishek Kumar Pathak @ Abhishek Kumar Son of Chandra Kumar Pathak
R/o Village - Sadikpur, Sighua Toli, P.S.- Alamganj, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Saumya Shrivastava Daughter of Sanjeet Kumar Shrivastava R/o Village -
Humam Mohaila New Sadak, P.S.- Chowk, District - Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Sr. Adv.
: Mr. Mudit Meet, Adv.
: Mr. Purushottam Kumar, Adv.
For the Opposite Party/s : Mr. Kalyan Shankar, App.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 02-04-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Complaint Case No. 880 of 2023, disclosing
offences under Sections 323, 504, 307, 420, 506, 354, 498A and
34 of the Indian Penal Code and Section 3 / 4 of the Dowry
Prohibition Act.
3. As per the complaint, the marriage of the
complainant was solemnized with the petitioner on 11.08.2024.
After the marriage, the parents of the complainant had given
gifts, motorcycle, gold, etc., to the accused persons. It has
Patna High Court CR. MISC. No.91266 of 2025(3) dt.02-04-2026
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further been alleged that the complainant was kept well for a
few days, and thereafter, she was assaulted physically and
mentally. Lastly, on 11.07.2023, the complainant was assaulted
by the petitioner and he demanded Rs. 5 lacs to keep the
complainant and the children gracefully and on 12.07.2023,
petitioner assaulted the complainant and ousted her from her
matrimonial home.
4. Mr. Ajay Kumar Thakur, learned counsel for the
petitioner, argued that petitioner has not committed any offence
in the manner alleged and he has been made accused on the
basis of false and concocted allegation made in the complaint
after about 10 years of marriage. Out of the wedlock between
the petitioner and the complainant, three children were born.
The children are residing with the complainant. The
complainant passed the examination of A.N.M. in the year 2023
and thereafter, the discord surfaced between husband and the
wife. The petitioner has filed an application under Section 9 of
the Hindu Marriage Act for restitution of conjugal rights and the
case is still pending. In the present case, the notice was issued to
the complainant, who is O.P. No. 2, but despite service of
notice, O.P. No. 2 has chosen not to appear.
Patna High Court CR. MISC. No.91266 of 2025(3) dt.02-04-2026
3/3
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
after 10 years of marriage, the complaint has been filed on the
basis of general and omnibus allegation, I am inclined to grant
the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, 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 learned Sub-Divisional Judicial
Magistrate, Patna City, in connection with Complaint Case No.
880 of 2023, subject to the condition laid down under Section
438 (2) of the Code of Criminal Procedure/Section 482(2) of the
BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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