Patna High Court
Abhinav ShouryaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that bail should be granted to the petitioners, as the complaint appears to be motivated by personal marital discord rather than genuine criminal intent.
Summary
The petitioners, Abhinav Shourya and Sunita Devi, filed criminal miscellaneous applications seeking bail in connection with Complaint Case No. 1101(C) of 2023, which alleged multiple offences including dowry harassment and cruelty under various IPC sections and the Dowry Prohibition Act. The complainant alleged that Abhinav Shourya subjected her to mental and physical cruelty for non‑payment of dowry, while Sunita Devi, the mother‑in‑law, faced similar allegations. The petitioners contended that the complaint was fabricated, noting that the complainant left the matrimonial home voluntarily and filed a divorce petition shortly after lodging the criminal complaint. The learned Assistant Public Prosecutor conceded that the complainant was not interested in continuing the marriage and had opted for divorce. Considering the lack of desire to pursue the marriage and the possibility of the complaint being an attempt to harass, the Court granted bail to both petitioners on a bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the Bihar Negotiable Instruments Act.
Issues considered
- Whether bail should be granted to the accused in view of the allegations of dowry harassment and cruelty.
- Whether the complaint constitutes a false or frivolous proceeding given the complainant's desire for divorce.
- Applicability of Section 482(2) of the Bihar Negotiable Instruments Act in granting bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 120(B), 233, 307, 34, 377, 406, 498A, 504, 506
Subjects
- bail
- dowry harassment
- cruelty
- IPC
- Dowry Prohibition Act
- divorce
- false complaint
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23853 of 2024
Arising Out of PS. Case No.-1101 Year-2023 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Abhinav Shourya Son of Late Dhirendra Kumar Choudhary R/o Village-
Jorpulara, P.S.- Tajpur, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Komal Kumari Wife of Abhinav Shourya, D/o Mahendra Pratap Singh R/o
Maika Chandrapura, P.S.- Nima Chandpura, District- Begusarai
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 24262 of 2024
Arising Out of PS. Case No.-1101 Year-2023 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Sunita Devi Wife Of Late Dhirendra Kumar Choudhary Resident Of Village -
Jorpura, P.S. - Tajpur, District - Samastipur
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Komal Kumari Wife Of Abhinav Shourya, Daughter Of Mahendra Pratap
Singh Resident Of Village - Maika Chandpura, P.S. - Nima Chandpura,
District - Begusarai
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 23853 of 2024)
For the Petitioner/s : Mr. Sarvan Kumar
For the Opposite Party/s : Mr. Pushpa Sinha
(In CRIMINAL MISCELLANEOUS No. 24262 of 2024)
For the Petitioner/s : Mr. Sarvan Kumar
For the Opposite Party/s : Mr. Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 28-01-2026 CR. MISC. No. 23853 of 2024 and CR. MISC. No.24262 of
2024
Heard the parties.
2. The petitioners are named in the Complaint
Patna High Court CR. MISC. No.23853 of 2024(4) dt.28-01-2026
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Case and apprehending their arrest in connection with
Complaint Case No. 1101(C) of 2023 registered for the
offences punishable under Sections 120(B), 233, 307,
377, 498A, 406, 504, 506, 34 of Indian Penal Code and
¾ of D.P. Act.
3. Complainant alleged petitioner namely,
Abhinav Shourya being husband to commit mental and
physical cruelty upon her alongwith co-accused persons/
family members due to non-fulfillment of demand of
dowry. It is also alleged that she was assaulted physically
and badly behaved by petitioner on several occasions
amounting to cruelty.
4. It is submitted by learned counsel appearing
on behalf of the petitioners that soon after solemnization
of marriage when complainant realized that petitioner
namely, Abhinav Shourya is not a suitable match for her,
she left her matrimonial home on her own and thereafter
she lodged the present complaint case on the basis of
imaginary allegation which can be gathered from the
Patna High Court CR. MISC. No.23853 of 2024(4) dt.28-01-2026
3/4
narration of the complaint itself. It is submitted that the
present complaint was filed on 23.06.2023 and just after
few days i.e., on 27.06.2023, a divorce petition was filed
by complainant before learned Principle Judge, Begusarai.
While concluding arguments, it is submitted that
petitioner is a man of clean antecedent. Petitioner of Cr.
Misc. No. 24262 of 2024 is mother-in-law facing general
and omnibus allegation.
5. Learned APP duly assisted by learned counsel
for the informant while opposing the prayer of bail
submitted that allegation of cruelty is specifically available
against petitioner namely, Abhinav Shourya but fairly
conceded that complainant is not desirous to continue her
marriage with petitioner Cr. Misc. No. 23853 of 2024 and
also conceded that the complainant preferred divorce
petition as submitted aforesaid.
6. In view of aforesaid factual submission and
by taking note of nature of accusation raised through
complaint petition, coupled with the fact that complainant
Patna High Court CR. MISC. No.23853 of 2024(4) dt.28-01-2026
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is not desirous to continue her marriage with petitioner as
she preferred divorce petition soon after lodging present
criminal complaint, accordingly petitioner namely,
Abhinav Shourya in Cr. Misc. No. 23853 of 2024 and
petitioner namely, Sunita Devi in Cr. Misc. No. 24262 of
2024, in the event of their arrest or surrender before the
court below within a period of four weeks, are directed to
be released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned SDJM,
Begusarai /concerned Court, where the case is pending in
connection with Complaint Case No. 1101(C) of 2023,
subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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