Patna High Court – Orders
Prince Kumar Singh @ Prince Kumar vs The State Of Bihar on 11 August, 2025
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52984 of 2025
Arising Out of PS. Case No.-2378 Year-2022 Thana- SARAN COMPLAINT CASE District-
Saran
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Prince Kumar Singh @ Prince Kumar Son of Kanhaiya Singh Resident of
Village - Dinapatti, P.O.- Bharatpura, P.S.- G.B. Nagar, Tarwara, District -
Siwan, Bihar - 841506.
... ... Petitioner
Versus
1. The State of Bihar
2. Shilpi Kumari, Wife of Prince Kumar Singh @ Prince Kumar, D/o- Rahgo
Thakur, Resident of Village - Pachkandha, P.S.- Masrakh, District - Saran,
Chapra, Bihar - 841417, M- 9043886329.
... ... Opposite Parties
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Appearance :
For the Petitioner : Mr. Akshay Ashish, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Harsh Anuj, Advocate
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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 11-08-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Complaint Case No.2378 of 2022, dated-29.07.2022, filed for
the offences punishable under Sections 498A, 341, 504, 506,
and 323 IPC and Section 3/4 of the Dowry Prohibition Act and
later on cognizance has been taken under Section 498A IPC and
Section 4 of the D.P. Act.
3. As per allegation, the Complainant is the wife of
the Petitioner and the marriage between them was solemnized in
the year 2018 and she joined the matrimonial home of the
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Petitioner. However, soon thereafter, demand of motorcycle
started as an additional demand of dowry and on account of
non-fulfillment of the same, she was harassed by the Petitioner
and his family members and ultimately she was ousted from the
matrimonial home.
4. 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 the married life, marriage is not working and this false case
has been filed against the Petitioner. He also submits that the
maximum punishment prescribed for the alleged offence is three
years.
5. He further submits that the petitioner has been
languishing in jail since 24.04.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has no criminal antecedent.
7. 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.
8. However, learned APP for the State as well as
learned counsel for the Complainant vehemently oppose the
prayer of the petitioner for bail. Learned counsel for the
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Complainant submits that the Complainant has been harassed by
the Petitioner for non-fulfillment of the demand of dowry. He
also submits they frequently compromise the matter, take the
Complainant to the matrimonial home and again oust her. He
further submits that she is ready to go the matrimonial home but
the Petitioner is interested to keep her, nor he is paying any
maintenance to her.
9. It appears that there is matrimonial dispute
between the parties and the parties have remedy by way of filing
appropriate application before the Family Court.
10. Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail 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 Complaint Case No.2378 of 2022 on
the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
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(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) 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.
(v) 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.
(Jitendra Kumar, J.)
Chandan/-
U T