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Patna High Court

Dharmendra @ Raman SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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