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Patna High Court

Uplesh Kumar Rai @ Uplesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to bail‑bond and surety conditions under CrPC section 482(2).

Summary

The petitioner, Uplesh Kumar Rai, applied for anticipatory bail in a criminal complaint originally registered under multiple IPC offences and the Dowry Prohibition Act, though the court had taken cognizance only of IPC section 498A and the two DP Act sections. He claimed the case stemmed from a matrimonial dispute and that he was falsely implicated, noting that the complainant had not appeared in court and had allegedly married another man. The petitioner’s counsel argued that the lack of the complainant’s representation and the supplementary affidavit supporting his claim warranted bail. The State opposed the bail. The court, after considering the submissions, directed that the petitioner be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under CrPC section 482(2). The application was allowed, with a proviso that the complainant could seek cancellation if the bail was obtained on false facts.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged false implication and the absence of the complainant’s representation.

Legislation cited

Subjects

  • anticipatory bail
  • matrimonial dispute
  • false implication
  • IPC 498A
  • Dowry Prohibition Act
  • CrPC 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9256 of 2025
                   Arising Out of PS. Case No.-52 Year-2022 Thana- COMPLAINT CASE District- Araria
                 ======================================================
                 Uplesh Kumar Rai @ Uplesh Rai S/O Shivanand Roy R/O Ward no. - 08,
                 Lakhna, P.S- Kasba,Dist- Purnia

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar and Anr.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dheeraj Kumar
                 For the Opposite Party/s :      Ms.Asha Devi
                                                 None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

7   10-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The learned counsel for the petitioner submits that

                   though complainant is not impleaded as opposite party no.2, but

                   then, learned Advocate Md. Naushad Uzzoha appeared on her

                   behalf sue moto.

                                3. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 147,323,341,498A,34 of the Indian Penal Code and

                   Sections 3 and 4 of the D. P. Act, but cognizance has been taken

                   only under Section 498(A) of the I.P.C. and Sections 3 and 4 of

                   the D. P. Act.

                                4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.9256 of 2025(7) dt.10-04-2026
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          the dispute is matrimonial and the petitioner being husband has

          been falsely implicated in the instant case by the complainant. It

          is also submitted that a second supplementary affidavit has been

          filed wherein it has been specifically pleaded at Para-2 that

          petitioner was ready to keep the complainant as his legally

          wedded wife, but then, complainant was not ready and

          subsequently, she performed marriage with Pradip Kumar Rai

          son of Chamru Lal Rai, resident of village Thubhri, Panchayat

          Kesra, Jokihat, District- Araria. It is also pleaded that mother of

          Pradeep Kumar is Amlawati Devi and the complainant presently

          is working as an Aanganwari Sevika. It is next submitted that

          this perhaps explains why no one is appearing on behalf of the

          complainant. It is further submitted that the case earlier was

          taken up on 06.02.2026, on the said date also, no one had

          appeared on behalf of the complainant and today when the case

          is taken up, again no one appears on behalf of the complainant.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on bail
               Patna High Court CR. MISC. No.9256 of 2025(7) dt.10-04-2026
                                                           3/3




                         on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

                         Ten Thousand) 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 Complaint Case

                         No.52(C) of 2022, subject to the conditions laid down under

                         Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.

                                      8. However, the complainant would be at liberty to

                         file an application seeking cancellation of bail granted to the

                         petitioner, in the event, if anticipatory bail has been obtained

                         based on a false fact that complainant has married Pradip Kumar

                         Rai.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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