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Patna High CourtCR. MISC./32542/2026rejected

Bablu Kumar @ Babi Kumar v. The State Of Bihar

2026-05-13Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32542 of 2026 Arising Out of PS. Case No.-510 Year-2025 Thana- PARSABAZAR District- Patna ====================================================== Bablu Kumar @ Babi Kumar S/O Sri Narayan Ram R/O Village- Mahuli, Punpun, P.S.- Parsa Bazar, Dist.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rubi Kumari W/O Late Matindra Kumar R/O Village- Mahuli, Punpun, P.S.- Parsa Bazar, Distt.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinkar Kumar, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP For the informant :

Ms. Sangeeta Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner; learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends arrest in connection with Parsa Bazar P.S. Case No. 510 of 2025 dated 09.12.2025, instituted for the offence punishable under Sections 85, 303(2), 324(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 3⁄4 of the Dowry Prohibition Act.

3. The prosecution case, in short, is that marriage of the informant was solemnized with the petitioner after death of her first husband. It is further alleged that on 02.12.2025, the petitioner entered in the house of first husband of the informant and assaulted the informant and his son and insisted to transfer

Patna High Court CR. MISC. No.32542 of 2026(2) dt.13-05-2026 2/3 the property in his name. It is also alleged that the petitioner took away Rs. 50,000/-, gold chain and ornaments from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is not the husband of the informant, rather, the petitioner is still bachelor/unmarried. Learned counsel further submitted that the husband of the informant died on 10.03.2023 leaving behind his wife (informant) and two children and since then the informant wants to marry the petitioner and when the petitioner refused, then the present false and fabricated case has been lodged against him. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. and learned counsel for the informant vehemently opposed the prayer for bail of the petitioner and submitted that the petitioner has solemnized marriage with the informant which is evident from the certificate issued under Special Marriage Act, 1954 bearing Certificate No. 39/2025 on 14.08.2025.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties and

Patna High Court CR. MISC. No.32542 of 2026(2) dt.13-05-2026 3/3 taking into consideration that the marriage of the informant was solemnized with the petitioner, I am not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, the prayer of petitioner for grant of anticipatory bail is hereby rejected.

(Khatim Reza, J) Sankalp/- U T