Created by Fuzzy Cloud

Patna High Court

Abhinav ShouryaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
                                                          4/4




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.