Om Prakash Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Om Prakash Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on arrest or surrender within six weeks, on furnishing bail bonds of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court, subject to conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S., in connection with Complaint Case No. 540 of 2024.

Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 540 of 2024 registered for offences punishable under Sections 323, 498(A), 406, 504, 506/34 of the Indian Penal Code and Section 4 of the D.P. Act, should be released on anticipatory bail.

Court's answer

Since the divorce case filed by O.P. No. 2 shows that she does not intend to continue with the marriage, the Court directed that the petitioner, in the event of his arrest or surrender within six weeks, be released on anticipatory bail.

Ratio / Principle

Anticipatory bail granted to the petitioner in connection with Complaint Case No. 540 of 2024: on arrest or surrender within six weeks, release on furnishing bail bonds of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the learned Trial Court/Successor Court, subject to the conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail - Husband (Om Prakash Kumar) apprehending arrest in Complaint Case No. 540 of 2024 (PS Case No. 540 of 2024, Rohtas), registered for offences punishable under Sections 323, 498(A), 406, 504, 506/34 IPC and Section 4 of the D.P. Act, granted anticipatory bail by the Patna High Court. The wife/O.P. No. 2 (Sunidhi Kumari) had filed Divorce Case No. 29 of 2024 before the Family Court, Rohtas at Sasaram, indicating she did not intend to continue the marriage. Bail conditioned on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each, upon arrest or surrender within six weeks, subject to conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S. (Satyavrat Verma, J; order dated 16-04-2026.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71940 of 2025

Arising Out of PS. Case No.-540 Year-2024 Thana- ROHTAS COMPLAINT CASE DistrictRohtas

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

OM PRAKASH KUMAR, S/o- Late Ram Bilas Prajapati Resident of VillageShahpur P.O- Telari Police Station- Chenari District-Rohtas

... ... Petitioner/s

Versus

The State of Bihar

Sunidhi Kumari, W/o- Om Prakash Kumar, D/o- Ramji Prajapati R/vJamuhara Po- Indrapuri Ps- Tillauthu Dist- Rohtas

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 16-04-2026

Heard learned counsel for the petitioner, learned

A.P.P. for the State and learned counsel for the informant.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498(A), 406, 504, 506/34 of the Indian Penal Code as well as Section 4 of the D.P. Act.

Learned counsel for the petitioner submits that petitioner being the husband has been falsely implicated in the instant case by the O.P. No. 2. It is further submitted that relationship in between the petitioner and the O.P. No. 2 had not deteriorated to an extent where it was not possible to revive the conjugal relationship but then O.P. No. 2 was in a hurry and filed a divorce case seeking divorce from the petitioner. It is

Patna High Court CR. MISC. No.71940 of 2025(3) dt.16-04-2026 2/2

further submitted that O.P. No. 2 for reasons best known does not intend to continue with the marriage.

Learned counsel for the O.P. No. 2 is not in a position to rebut the submission of the learned for the petitioner that O.P. No. 2 has filed a divorce case being Divorce Case No. 29 of 2024 pending in the Court of learned Principal Judge, Family Court, Rohtas at Sasaram.

After hearing the learned counsel for the parties, it appears that divorce case has been filed on behalf of O.P. No. 2, as she does not intend to continue with the marriage, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five 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. 540 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

(Satyavrat Verma, J)

khushbu/-