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Patna High Court

Mohammad Laddu @ LadduversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the complaint was vague and unsupported by an affidavit, rendering the allegations general and omnibus, and therefore granted bail to the petitioner.

Summary

Petitioner Mohammad Laddu was arrested in a complaint alleging mental and physical cruelty for allegedly refusing to pay a dowry demand of Rs. 3 lakh and a motorcycle, under Section 85 of the Bihar Negotiable Instruments Act read with Section 3 of the Dowry Prohibition Act. The petitioner sought bail, arguing that the complaint lacked a supporting affidavit and that the allegations were vague, general and omnibus, citing Priyanka Srivastava v. State of Uttar Pradesh. The Additional Public Prosecutor opposed bail. The court examined the sufficiency of the complaint and found the allegations unspecific and the lack of an affidavit fatal to the prosecution’s case. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to Section 482(2) of the Criminal Procedure Code. The bail order was directed to be complied with by the trial court in Araria.

Issues considered

  • Whether a complaint under Section 85 of the Bihar Negotiable Instruments Act read with Section 3 of the Dowry Prohibition Act is maintainable without a supporting affidavit.
  • Whether the allegations of mental and physical cruelty are sufficiently specific to deny bail.
  • Whether bail can be granted under Section 482(2) of the Criminal Procedure Code in the present circumstances.

Legislation cited

Subjects

  • bail
  • dowry prohibition
  • mental cruelty
  • physical cruelty
  • general and omnibus allegations
  • affidavit requirement
  • Section 85
  • Section 3
  • Section 482(2)
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10701 of 2026
                   Arising Out of PS. Case No.-299 Year-2025 Thana- COMPLAINT CASE District- Araria
                 ======================================================
                 Mohammad Laddu @ Laddu S/o Late Jahiruddin R/o Village - Islampur
                 Bishaharia, Ward No. 06, P.S - Bhargama, District – Araria.... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar.
           2.     Bibi Rajia Khatoon W/o Mohammad Laddu @ Laddu R/o Village - Islampur
                  Bishaharia, Ward No. 06, P.S - Bhargama, District – Araria.
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kishore Bharti, Advocate
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Complaint Case No. 299 of 2025 registered

                   for the offences punishable under Section 85 of BNS read

                   with Section ¾ of the Dowry Prohibition Act.

                                3. The allegation against the petitioner is to commit

                   mental and physical cruelty against complainant due to non-

                   fulfillment of demand of dowry as raised for cash of Rs. 3 lacs

                   and one motorcycle. Petitioner is the husband.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.10701 of 2026(2) dt.23-02-2026
                                            2/3




          behalf of the petitioner that the allegation as raised through

          complaint petition not appears legally sustainable               for the

          reason that complaint not appears supported through affidavit

          in view of Priyanka Srivastava Vs. State of Uttar

          Pradesh [2015 (6) SCC 287]. It is submitted that the

          allegation qua committing physical and mental cruelty is

          appearing very much general and omnibus against petitioner.

          Learned counsel further pointed out that petitioner is ready to

          keep complainant/wife with all her love and dignity, if she

          ready to continue her matrimonial life with this petitioner.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as allegation qua committing physical and

          mental cruelty appears very much general and omnibus in

          nature      against      petitioner,      accordingly,   above   named

          petitioner, in the event of his arrest or surrender before the

          learned trial Court, within a period of four weeks of the order,

          is directed to be released on bail furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned S.D.J.M.,
              Patna High Court CR. MISC. No.10701 of 2026(2) dt.23-02-2026
                                                          3/3




                        Araria/concerned Court, where the case is pending in

                        connection with Complaint Case No. 299 C of 2025 subject

                        to the conditions as laid down under Section 482(2) of the

                        BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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