Pancham Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80886 of 2025 Arising Out of PS. Case No.-664 Year-2021 Thana- TEKARI District- Gaya ====================================================== Pancham Kumar S/o Ramjanam Yadav @ Ram Janam Yadav R/o Village - Daulatpura @ Daulatpur, P.s. - Tekari, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Nandan, Adv For the Informant :
Mr. Syed Asher Najmi, Adv Mr. Ashutosh Kumar Mishra, Adv For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 506 and 498A of the I.P.C. and Section 3⁄4 of the Dowry Prohibition Act.
3. The case of the prosecution, in short, is that, the petitioner was married with the informant in the year 2021 and soon after the marriage, the petitioner and the other co-accused person started torturing her due to non-fulfillment of demand of Rs. 7,00,000/- and ousted her from matrimonial home.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From
Patna High Court CR. MISC. No.80886 of 2025(2) dt.03-12-2025 2/3 perusal of the impugned order dated 16.10.2025, it is evident that on 26.04.2022, learned trial Court has granted provisional bail to this petitioner for a period of three months with a condition that the petitioner shall take his wife with all dignity to his home and treat her in a better way. Any complaint on behalf of informant with respect to non-abiding by the conditions mentioned in the affidavit would make a suitable case for cancellation of his bail. It has further been submitted that when he went to the house of the informant to fetch her to the matrimonial home, he was being assaulted by his in-laws. Moreover, the petitioner is languishing in judicial custody since 19.09.2025.
5. Learned counsel for the informant and learned APP appearing for the State have vehemently opposed the prayer of regular bail and submitted that the petitioner has solemnized second marriage but there is no evidence on record to corroborated the same. It has also been submitted that on 20.09.2025, learned trial court has rejected the provisional bail order of the petitioner on the ground that he has not abided the conditions as imposed by the learned trial court vide order dated 26.04.2022. It has also been submitted that the petitioner has two criminal antecedents.
Patna High Court CR. MISC. No.80886 of 2025(2) dt.03-12-2025 3/3
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tekari (Panchanpur) P.S. Case No. 664 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Gaya/concerned trial Court.
7. Accordingly, the application stands allowed. (Ashok Kumar Pandey, J) Jyoti/- U T