Patna High Court
Abhishek Kumar DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the complaint was not sustainable due to its general nature and delay, and therefore granted bail to the petitioner.
Summary
The petitioner, Abhishek Kumar Dubey, was arrested in connection with a dowry‑related complaint (Case No. 1260 of 2022) alleging mental and physical cruelty under multiple IPC sections and Section 5 of the Anaitik Vyapar Adhiniam. The complaint was filed on 21‑12‑2022, nine months after the alleged last incident on 23‑03‑2022, and was not supported by an affidavit, making the allegations appear general and omnibus. The petitioner’s counsel argued that the delay and lack of specificity rendered the complaint unsustainable, relying on Priyanka Srivastava v. State of Uttar Pradesh. The opposing party opposed bail, contending the petitioner was the husband and the allegations applied to him. The court agreed that the complaint was weak due to the delay and vague allegations and consequently ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether the complaint is maintainable despite a nine‑month delay and lack of supporting affidavit.
- Whether the allegations of mental and physical cruelty are sufficiently specific to sustain criminal proceedings.
- Whether bail should be granted to the petitioner under the applicable provisions.
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 323, 327, 34, 354, 356, 377, 403, 497, 498-A, 506, 511, 609
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- complaint delay
- general allegations
- IPC
- Anaitik Vyapar Adhiniam
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20765 of 2025
Arising Out of PS. Case No.-1260 Year-2022 Thana- ROHTAS COMPLAINT CASE
District- Rohtas
======================================================
Abhishek Kumar Dubey Son of Harendra Dubey Resident of Village- Deo
Kuli, P.s.- Brahmpur, Distt.- Buxar. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Anuradha Pandey D/O- Shree Biteshwar Nath Pandey Present address-
Muhalla- Gorakshni New Ward no. 14, Near Shiv Mandir, P.S.- Town Thana
Sasaram, Distt.- Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Omprakash Pandey, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 10-02-2026 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 Complaint Case No. 1260 of
2022 registered for the offences punishable under
Sections 498-A, 354, 356, 327, 377, 403, 323, 497,
506, 609, 511, and 34 of the IPC and Section 5 of
Anaitik Vyapar Adhiniam.
3. As per complaint petition, petitioner alleged
to commit mental and physical cruelty upon the
complainant alongwith family members due to non-
fulfillment of demand of dowry as raised for cash of Rs.
5 lacs.
Patna High Court CR. MISC. No.20765 of 2025(4) dt.10-02-2026
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4. It is submitted by learned counsel
appearing on behalf of the petitioner that as per
complaint petition, the last occurrence took place on
23.03.2022, whereas the present complaint case was
filed on 21.12.2022 i.e. almost after nine months of the
alleged last occurrence. It is submitted that present
complaint also not appears supported through affidavit
and, therefore, complaint is not sustainable under the
eyes of law. In support of same, learned counsel relied
upon the legal report of Priyanka Srivastava Vs.
State of Uttar Pradesh [2015 (6) SCC 287]. It is
further submitted by learned counsel that even the
allegation qua committing mental and physical cruelty
is appearing very much general and omnibus against
petitioner.
5. Learned APP while opposing the prayer of
bail submitted that petitioner is the husband and
thrust of allegation is available against him.
6. In view of aforesaid factual submissions and
by taking note of fact as allegation qua committing
mental and physical cruelty appears very much
general and omnibus against petitioner, where the
complaint in issue also appears lodged after nine
months of the last occurrence, accordingly, above
Patna High Court CR. MISC. No.20765 of 2025(4) dt.10-02-2026
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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 SDJM,
Rohtas at Sasaram/concerned Court, where the case is
pending in connection with Complaint Case No. 1260
of 2022, subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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