Allowed¶26

Rohit Kumar Jha @ Rohit Kumar v. The State of Bihar

Patna HC15 Sept 2025CR. MISC./39058/2025

Case brief

AI extract

What is this about?

Patna High Court bail (apprehension of arrest) granted 15-09-2025 by Jitendra Kumar, J. in CR. MISC. No.39058 of 2025 / Katihar C.A Case No.49 of 2023, Sections 498(A) and 4 D.P. Act; alleged additional dowry demand of Rs.2,00,000/- and cruelty by husband Rohit Kumar Jha; complainant Shivani Kumari; bail bond Rs.10,000 with two like sureties; conditions under Section 482 (2) B.N.S.S. 2023; bonds cancellable for concealed criminal antecedents or wrong previous-bail-petition statement.

What did the court decide?

Petitioner directed to be enlarged on bail in the event of arrest or surrender before the court below within eight weeks, on bail bonds of Rs. 10,000 with two sureties of the like amount each, subject to Section 482 (2) of the B.N.S.S., 2023 conditions and two additional cancellation conditions. ¶26

Rohit Kumar Jha @ Rohit Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in connection with C.A Case No.49 of 2023 (offences punishable under Sections 498(A) and 4 of the D.P. Act), should be enlarged on bail.

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Court's answer

Petition allowed: the petitioner is 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, subject to the conditions laid down under Section 482 (2) of the B.N.S.S., 2023.

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Ratio / Principle

Special condition (i): if it is brought to the notice of the court below that the petitioner has criminal antecedents, the court below shall cancel his bail bonds after hearing him and satisfying itself of concealment.

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Key takeaways

Special condition (ii): if it is brought to the notice of the court below that the statement regarding a previous bail petition is wrong, the court below shall cancel the petitioner's bail bonds.ratio¶28

Detailed headnote1 paragraphs

Bail apprehending arrest — Patna High Court (Jitendra Kumar, J.), oral order dated 15-09-2025, Criminal Miscellaneous No.39058 of 2025, arising out of P.S. Case No.49 of 2023, Katihar complaint case. Petitioner sought bail apprehending arrest in C.A Case No.49 of 2023 for offences punishable under Sections 498(A) and 4 of the D.P. Act. Per the complaint, after the 2022 marriage the complainant faced a demand of additional dowry of Rs.2,00,000/- and torture; the husband allegedly assaults her while intoxicated and she is living at her maike. Counsel for the petitioner pleaded innocence, attributed the dispute to normal wear and tear of married life, offered to keep her with love and dignity, and noted maximum punishment of three years, no earlier bail application and no criminal antecedents; the APP and the complainant opposed, the complainant being unwilling to live with him. Allowing the petition, the Court enlarged the petitioner on bail on arrest or surrender within eight weeks on a bond of Rs.10,000 with two like sureties, subject to Section 482 (2) B.N.S.S. 2023 conditions, with bonds cancellable if concealed criminal antecedents surface or if the statement regarding a previous bail petition is found wrong.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39058 of 2025

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Arising Out of PS. Case No.-49 Year-2023 Thana- KATIHAR COMPLAINT CASE DistrictKatihar

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====================================================== Rohit Kumar Jha @ Rohit Kumar, Son of Dharmendra Jha, Resident of Chandrama Chowk, P.s.-Muffasil, Distt.- Katihar.

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... ... Petitioner

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Versus

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The State of Bihar

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Shivani Kumari D/O- Suresh Chandra Dubey R/O- Maheshpur, Post- Bijaili, P.s.- Dandkhora, Distt.- Katihar.

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... ... Opposite Parties

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

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Appearance :

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For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate For the State : Mr. Upendra Kumar, APP

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

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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3 15-09-2025 Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner seeks bail, apprehending his arrest, in connection with C.A Case No.49 of 2023, filed for the offences punishable under Sections 498(A) and 4 of the D.P. Act.

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As per allegation, after the marriage, the Complainant joined the matrimonial home of the Petitioner in the year 2022, but soon thereafter, demand of additional dowry of Rs.2,00,000/- started on the part of the Petitioner and his family members and on account of non-fulfillment of the same, she has been subjected to torture in several ways. As per further allegation, the Petitioner/husband consumes liquor and in the state of intoxication, he assaults the Complainant and at present,

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Patna High Court CR. MISC. No.39058 of 2025(3) dt.15-09-2025 2/3

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she is living at her maike .

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Learned counsel for the petitioner submits that the 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, marriage is not working and the complainant/wife is unhappy, and hence, she has filed the present case. He also submits that he is ready to keep her with all love and dignity. He also submits that 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 as well as learned counsel for the Complainant vehemently oppose the prayer of the Petitioner for bail submitting that the Petitioner is not treating the Complainant/wife with love and dignity and he subjects her to cruelty. However, she is not willing to live with the Petitioner because as per the Complainant, he consumes liquor.

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Considering the aforesaid facts and circumstances,

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Patna High Court CR. MISC. No.39058 of 2025(3) dt.15-09-2025 3/3

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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 Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with C.A Case No.49 of 2023, 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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Chandan/-

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U T

Rohit Kumar Jha @ Rohit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rohit Kumar Jha @ Rohit 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

Procedural history

Parties & counsel

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