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Patna High Court

Ravi Shankar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                   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
                                                       3/3




                     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/-

U      T


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