Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17619 of 2026 Arising Out of PS. Case No.-4495 Year-2025 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Rahul Kumar S/O Kapleshwar Sah @ Kapleshwar Sah R/O Village- Daud Chhapra, P.S- Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Punam Kumari W/O Rahul Kumar R/O Village- Daud Chhapra, P.SMinapur, Distt.- Muzaffarpur, At present D/O Rambabu Sah, R/O VillageGanghati, P.S- Ahiyapur, Distt.- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Poonam Kumari, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2026 Despite filing Vakalatnama, none appears on behalf of the opposite party no. 2.

2. Heard learned counsel for the petitioner and the State.

3. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 308(3), 85, 115(2) of the Bharatiya Nyaya Sanhita.

4. Prosecution case, in brief, is that marriage of the complainant was solemnized with this petitioner in the year 2024 and thereafter, she was subjected to torture and harassment by all the accused person due to non-fulfillment of demand of dowry. It is further alleged that during course of assault, she was hurt on the abdomen which resulted in miscarriage.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.17619 of 2026(4) dt.15-07-2026 2/2 petitioner is innocent and has committed no offence. Allegation of assault is general and omnibus. Earlier also, father of the complainant had lodged Minapur P. S. Case No. 268 of 2025 in order to extort money from the petitioner. Petitioner has filed a divorce case in Family Court, Muzaffarpur and in retaliation to the divorce case, this false and concocted case has been lodged against petitioner only with a view to harass him.

6. Learned A.P.P. for the State vehemently opposed the bail application.

7. Considering backdrop of the case and nature of accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No. 4495 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. (Prabhat Kumar Singh, J) Navya/- U T