Allowed¶8

Santosh Kumar v. The State of Bihar

Patna HC3 Sept 2025CR. MISC./32705/2025

Case brief

AI extract

What is this about?

Anticipatory/pre-arrest bail; S. 498A IPC; Dowry Prohibition Act Ss. 3/4 (printed '¾'); dowry demand cruelty; marriage 2017; divorce petition filed by wife; S. 482(2) BNSS 2023 bail conditions; bail bonds Rs. 10,000 with two sureties; Complaint Case No. 903 of 2019, Patna; CR. MISC. No.32705 of 2025; Patna High Court; Jitendra Kumar, J.; decided 03-09-2025; APP opposition; no criminal antecedents; maximum punishment three years (counsel submission).

What did the court decide?

Petitioner to be enlarged on bail in the event of arrest or surrender before the court below within eight weeks, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS 2023 conditions and the two additional cancellation conditions. ¶8

Santosh Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 903 of 2019 (offences punishable under Section 498A IPC and Section ¾ of the Dowry Prohibition Act), should be enlarged on bail.

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Ratio / Principle

Petition allowed: the petitioner is directed to be enlarged on bail, in the event of his arrest or surrender before the court below within eight weeks, on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each.

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Key takeaways

Bail is made subject to the conditions laid down under Section 482(2) of the B.N.S.S., 2023 and further conditions: the court below shall cancel the bail bonds if the petitioner is found to have concealed criminal antecedents, or if his statement regarding a previous bail petition is found to be wrong.ratio¶8

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Jitendra Kumar, J.), 03-09-2025, Criminal Miscellaneous No.32705 of 2025: Petitioner-husband, apprehending arrest in Complaint Case No. 903 of 2019 (PS Case No. 903/2019, Patna), registered for offences punishable under Section 498A IPC and Section ¾ of the Dowry Prohibition Act, granted bail. Prosecution allegation was cruelty after the 2017 marriage on account of non-fulfilment of a demand of additional dowry. Counsel stated the petitioner had not earlier moved for bail, had no criminal antecedents, and that the complainant-wife had filed a divorce petition; learned APP opposed. Petition allowed: enlargement on bail upon arrest or surrender within eight weeks on bail bonds of Rs. 10,000/- with two like sureties, subject to Section 482(2) BNSS 2023 conditions; bail bonds cancellable if concealment of criminal antecedents or a false statement regarding a previous bail petition is brought to the notice of the court below.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32705 of 2025

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Arising Out of PS. Case No.-903 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna

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======================================================

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Santosh Kumar, S/o Late Binod Vishwakarma, R/o Mohalla - Loharwa Ghat, P.S. - Alamganj, Dist. - Patna

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... ... Petitioner/s

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Versus

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The State of Bihar

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Komal Kumari, D/o Ajay Sharma, W/o Santosh Kumar, R/o Nagla, Main Road, Shanti Niketan, Madhaw Mills, P.S. - Malsalami, Distt.- Patna

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... ... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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3 03-09-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail, apprehending his arrest, in connection with Complaint Case No. 903 of 2019, dated 25.07.2019, registered for the offences punishable under Section 498A of IPC and Section ¾ of Dowry Prohibition Act.

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As per allegation, after the marriage in the year, 2017, the complainant-wife joined the matrimonial home of the petitioner-husband and for few months, she was kept properly. Thereafter, she was subjected to cruelty on account of nonfulfillment of demand of additional dowry.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.32705 of 2025(3) dt.03-09-2025 2/3

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Petitioner is innocent and has falsely been implicated in this case. He further submits that on account of normal wear and tear of married life, the complainant-wife does not want to live with the petitioner-husband. However, the petitioner-husband is willing to keep the complainant-wife with all love and dignity. He further submits that the complainant-wife has filed one divorce petition and she is not interest to live with the petitionerhusband. He further submits that the maximum punishment prescribed for the alleged offence is three years.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

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However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

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Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

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Patna High Court CR. MISC. No.32705 of 2025(3) dt.03-09-2025 3/3

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Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Complaint Case No. 903 of 2019, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

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(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

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(Jitendra Kumar, J)

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shoaib/-

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U T

Santosh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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