Patna High Court
Ram Kumar KamtiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, subject to bond and surety conditions, under Section 482(2) of the BNSS.
Summary
The petitioners, who are the father‑in‑law, mother‑in‑law and brother‑in‑law of a woman, sought anticipatory bail fearing arrest in a case registered under IPC sections 341, 323, 498A, 504, 34, the Dowry Prohibition Act (ss.3,4) and the Bihar Excise Act (s.37). The FIR alleged that the victim’s husband and his relatives assaulted her for non‑payment of dowry, with the husband found intoxicated at the time. The petitioners contended they have clean antecedents, were falsely implicated, and that no dowry‑related complaint had been made in the five‑year marriage. The State opposed the bail, arguing the seriousness of the offences. The High Court, after considering the submissions, granted anticipatory bail subject to a cash bond of Rs.10,000 and two sureties, and imposed conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged.
- Whether the petitioners are likely to tamper with evidence, influence witnesses, or abscond if released on bail.
- Whether Section 482(2) of the BNSS permits the grant of anticipatory bail in this circumstance.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91334 of 2025
Arising Out of PS. Case No.-248 Year-2022 Thana- BAHADURPUR District- Darbhanga
======================================================
1. Ram Kumar Kamti S/O Gultain Kamti R/O Village- R.S. Tanka Navtolia,
P.S- Bahadurpur, Distt.- Darbhanga.
2. Asha Devi W/O Ram Kuamr Kamti R/O Village- R.S. Tanka Navtolia, P.S-
Bahadurpur, Distt.- Darbhanga.
3. Krishna Kumar Kamti @ Krishna Kamti S/O Ram Kumar Kamti R/O
Village- R.S. Tanka Navtolia, P.S- Bahadurpur, Distt.- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ram Kamat S/O Late Bindeshwar Kamat R/O Village- Benipatti, P.S-
Benipatti, Distt.- madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 341, 323,
498A, 504 and 34 of the Indian Penal Code read with Sections
3 and 4 of the Dowry Prohibition Act and under Section 37 of
the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and are father-in-
law, mother-in-law and brother-in-law of the victim. It is next
Patna High Court CR. MISC. No.91334 of 2025(2) dt.12-01-2026
2/3
submitted that from perusal of the allegation as alleged in the
FIR, it would manifest that informant alleges that his daughter
was married to Santosh in the year 2020 and after marriage all
accused persons started abusing and even assaulted the victim
for non-fulfillment of dowry demand and on 06.06.2022, he
received an information that all the accused persons were
assaulting his daughter accordingly, he reached the place of
occurrence and found his son-in-law in an intoxicated condition
and when the informant opposed his act, he was abused.
4. Learned counsel for the petitioners next submits
that petitioners being related to the husband of the victim came
to be falsely implicated in the instant case. It is also submitted
that marriage was five years old and in between these five years,
no case ever came to be instituted alleging demand of dowry
and torture. It is further submitted that husband of the victim
was taken in custody and he has been released on regular bail by
the learned District Court.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Trial Court
Patna High Court CR. MISC. No.91334 of 2025(2) dt.12-01-2026
3/3
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with
Bahadurpur P.S. Case No. 248 of 2022 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…