Patna High Court

Krishna SahversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that the allegations were prima facie general and omnibus, and therefore granted bail to the petitioner.

Summary

Krishna Sah was arrested in connection with a dowry harassment case (Section 498A IPC and Section 4 of the Dowry Prohibition Act) where the FIR alleged physical and mental cruelty towards his daughter for non‑payment of dowry. The petitioner contended that the allegations were vague, general and filed falsely, and he sought bail. The Additional Public Prosecutor opposed bail. The High Court observed that the allegations of cruelty and dowry demand were prima facie general and omnibus, and therefore not sufficient to justify continued detention. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to the conditions of Section 482(2) of the CrPC. The bail order was directed to be implemented by the Sub‑Divisional Judicial Magistrate, Siwan.

Issues considered

Whether the allegations of dowry demand and cruelty are sufficient to deny bail under the CrPC
Whether bail can be granted under Section 482(2) of the CrPC in the present case

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)
Dowry Prohibition Act — s. 4
Indian Penal Code — s. 498A

Subjects

dowry harassment
Section 498A
bail
Criminal Procedure Code
mental cruelty
physical cruelty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13683 of 2026
                  Arising Out of PS. Case No.-791 Year-2024 Thana- SIWAN COMPLAINT CASE District-
                                                          Siwan
                 ======================================================
                 Krishna Sah S/o Mokhtar Shaw @ Mokhtar Sah R/o Village - Ramapali, P.S -
                 Maharajganj, District – Siwan.                        ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar.
           2.     Birendra Sah S/o Late Satan Sah R/o Village - Harpur Kothi, P.S - Jana
                  Bazar, District - Saran (Chapra).
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Mr.Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   26-02-2026                     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 Trial No. 4131 of 2025, Complaint Case No. 791

                   of 2024 registered for the offences punishable under Section 498A

                   of the IPC and 4 of the DP Act.

                                3. As per FIR, petitioner alleged to commit physical and

                   mental cruelty upon his daughter due to non-fulfillment of demand

                   of dowry.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that allegation qua demand of dowry and

                   also to commit mental and physical cruelty is appearing very much

                   general and omnibus against petitioners and merely as petitioner is
              Patna High Court CR. MISC. No.13683 of 2026(2) dt.26-02-2026
                                                          2/2




                        the husband, the present false case was lodged. It is submitted

                        that the wife of the petitioner out of her temperamental issue left

                        her matrimonial house and started to live with complainant.

                        Petitioner claimed clean antecedent.

                                     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 mental and

                        physical cruelty appears prima facie very much general and

                        omnibus 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 Sub Divisional Judicial Magistrate,

                        Siwan/concerned Court, where the case is pending in connection

                        with Trial No. 4131 of 2025, Complaint Case No. 791 of 2024

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

                        BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T

Continue reading with your account

Checking your session…