Patna High Court
Dharmendra @ Raman SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were general and unsupported, and therefore bail was granted.
Summary
The petitioner, Dharmendra Sharma, was named in a complaint (Case No. 490 of 2023) alleging offences under Sections 323, 498A of the IPC and the Dowry Prohibition Act for mental and physical cruelty linked to a Rs.2 lakh dowry demand. He applied for bail, arguing that the allegations were vague, omnibus, and not supported by an affidavit, citing the Supreme Court’s decision in Priyanka Srivastava v. State of Uttar Pradesh. The prosecution contended that the specific cruelty allegations justified denial of bail. The court observed that the complaint’s allegations were indeed general and lacked an affidavit, rendering them insufficient to deny bail. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Cr.P.C.
Issues considered
- Whether the complaint’s general and unsupported allegations under IPC Sections 323, 498A and the Dowry Prohibition Act justify denial of bail.
- Whether the absence of an affidavit and the omnibus nature of the allegations affect the bail application.
- Whether the existence of a related police case impacts the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Dowry Prohibition Act — s. 75
- Indian Penal Code — s. 323, 498A
Subjects
- bail
- dowry harassment
- cruelty
- IPC 323
- IPC 498A
- Dowry Prohibition Act
- general allegations
- affidavit
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15002 of 2025
Arising Out of PS. Case No.-490 Year-2023 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
Dharmendra @ Raman Sharma son of Kailash @ Lalan Sharma Village-
Aliganj, P.S.- Suryapura, District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manisha Kumari wife of Dharmendra @ Raman Sharma village-
Jorawarpur, Ps- karakat, Dist- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash Upadhyay
For the Opposite Party/s : Mr. Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-03-2026 Heard the parties.
2. The petitioner is named in the Complaint
Case and apprehending his arrest in connection with
Complaint Case No. 490 of 2023 registered for the
offences punishable under Sections 323, 498A of IPC
and ¾ D.P. Act.
3. As per complaint, petitioner alleged to
commit mental and physical cruelty upon complainant/
OP No. 2 due to non fulfillment of demand of dowry as
raised for cash of Rs. 2 lakh.
Patna High Court CR. MISC. No.15002 of 2025(2) dt.18-03-2026
2/3
4. It is submitted by learned counsel appearing
on behalf of the petitioner that the allegation qua
committing mental and physical cruelty is available
against petitioner who is the husband of the complainant
is appearing very general and omnibus in nature. It is
submitted that for the same occurrence one police case
was also lodged which was registered as Surajpura P.S.
Case No. 120 of 2023 dated 19.06.2023. It is
submitted that present complaint petition is not
supported by affidavit, and therefore, the allegation as
raised through present complainant cannot be relied
upon in view of legal report of Hon’ble Supreme Court as
available through Priyanka Srivastava Vs. State of
Uttar Pradesh [2015 (6) SCC 287]. While concluding
arguments, it is submitted that petitioner found involved
in one more case of pity nature where he is on bail.
5. Learned APP, while opposing the prayer of
bail submitted that allegation is specifically available
against petitioner who is the husband.
Patna High Court CR. MISC. No.15002 of 2025(2) dt.18-03-2026
3/3
6. In view of aforesaid factual submission and
by taking note of the fact as the allegation qua
committing cruelty as raised by complainant prima-facie
appears general and omnibus in nature, coupled with the
fact that complainant, in issue, not appears supported by
affidavit as discussed aforesaid, accordingly petitioner
above-named, in the event of his arrest or surrender
before the court below within a period of four weeks, 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
SDJM, Rohtas, Sasaram /concerned Court, where the
case is pending in connection with Complaint Case No.
490 of 2023, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/ Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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