Patna High Court
Ravi Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were vague and general, and therefore the petitioner is entitled to bail upon surrender.
Summary
The petitioner, Ravi Shankar Kumar, was charged under Sections 498A and 34 of the Indian Penal Code and Section 3 of the Dowry Prohibition Act for alleged cruelty and dowry demand of Rs. 3 lakh. He contended that the demand was for starting a business, not dowry, and that he has no income, rendering the complaint false and the allegations of mental cruelty and physical assault vague and omnibus. The complainant failed to appear despite service of notice. The court, noting the general nature of the allegations, directed that the petitioner be released on bail if he surrenders within four weeks, upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the allegations under Sections 498A/34 IPC and the Dowry Prohibition Act justify denial of bail.
- Whether the complaint is frivolous or false, rendering the charges insufficient for pre‑trial detention.
- Whether bail can be granted under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 34, 498A
Subjects
- dowry harassment
- cruelty
- bail
- Section 498A
- false complaint
- general allegations
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14960 of 2025
Arising Out of PS. Case No.-464 Year-2022 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
Ravi Shankar Kumar Son of Rajendra Das Resident of Village- Mahmada,
Post - Patam, P.S. - Naya Ramnagar, District - Munger, presently resident of
Village - Fedalibigha, P.S. - Barbigha, District - Sheikhpura
... ... Petitioner
Versus
1. The State of Bihar
2. Kusum Kumari Wife of Ravi Shankar Kumar and Daughter of Suresh
Chandra Das Resident of Village- Mahmada, Post - Patam, P.S. - Naya
Ramnagar, District - Munger, presently residing at C/o. Suresh Chandra Das,
Resident of Village and Post - Taznipur, P.S. - Bind, District - Nalanda
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Jogendra Kumar, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the complaint
petition, is apprehending his arrest in connection with
Complaint Case No. 464 of 2022 registered for the offences
punishable under Sections 498A/34 of the Indian Penal Code
and Section ¾ of the Dowry Prohibition Act.
3. The allegation against the petitioner is to commit
cruelty upon the complainant/O.P. No.2 due to non-fulfillment
of demand of dowry as raised for a cash of Rs. Three Lakhs.
Patna High Court CR. MISC. No.14960 of 2025(5) dt.20-01-2026
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4. Learned counsel appearing on behalf of the
petitioner submitted that during inquiry, complainant
categorically stated that demand of Rs. Three Lakhs was
made to start a business and not as dowry, which in itself
falsified the allegation. It is pointed out that petitioner has no
income, therefore, complainant herself left him and
moreover, allegation qua mental cruelty and physical assault
appears very much general and omnibus against the
petitioner.
5. Despite service of notice, none turned upon on
behalf of the complainant/O.P. No. 2.
6. Learned A.P.P. for the State is present.
7. In view of the aforesaid factual submissions and by
taking note of the fact as allegation qua mental cruelty and
physical assault is appearing very much general and omnibus
against the petitioner, accordingly, above-named petitioner,
in the event of his arrest/surrender within a period of four
weeks from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.14960 of 2025(5) dt.20-01-2026
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learned Sub-Divisional Judicial Magistrate, Nalanda,
Biharsharif/concerned court in connection with Complaint
Case No. 464C of 2022, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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