Patna High Court
Gauri Shankar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the complaint lacked sufficient particulars and supporting evidence, and consequently granted bail to the petitioner.
Summary
The petitioner, Gauri Shankar Jha, was named in a 2023 complaint alleging cruelty and assault under IPC Sections 498‑A and 323 and Dowry Prohibition Act Sections 3 and 4 for allegedly refusing to pay Rs 5 lakhs and a motorcycle. The marriage had lasted twenty years with two children, and the petitioner argued the case was false, filed after a domestic dispute, and lacked any injury report or supporting affidavit. The State opposed bail, citing the seriousness of the alleged offences. The court observed that the complaint contained only vague, omnibus allegations and no medical or affidavit evidence, referencing the Supreme Court’s guidelines in Priyanka Srivastava v. State of U.P. The court therefore ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under CrPC Section 438(2) and BNSS 2023 Section 482(2).
Issues considered
- Whether the complaint under Sections 498‑A, 323 IPC and Dowry Prohibition Act is maintainable in the absence of an injury report or supporting affidavit.
- Whether the petitioner is entitled to bail under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
- Whether the notice served on the complainant was validly effected.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A
Subjects
- dowry harassment
- cruelty
- bail
- CrPC
- injury report
- domestic violence
- complaint proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24032 of 2025
Arising Out of PS. Case No.-181 Year-2023 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
Gauri Shankar Jha, S/o Shri Dharnidhar Jha, R/o Sakin Muradpur, P.S.-
Nauhatta, Dist-Saharsa
... ... Petitioner
Versus
1. The State of Bihar
2. Reena Jha, W/o Gauri Shankar Jha, D/o Shri Jata Shankar Jha, resident of
Village- Sahmaura, P.S.- Sonbersa Raj, Dist-Saharsa
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Hrishikesh, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 07-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the complaint
and apprehending his arrest in connection with Complaint
Case No.181C of 2023 in which cognizance has been taken
for the offences punishable under Sections 498-A 323 of the
Indian Penal Code as well as Sections 3 and 4 of the Dowry
Prohibition Act.
3. Allegation against petitioner as per complaint is
to commit cruelty upon complainant/O.P. No.2 due to non-
fulfilment of demand of dowry for cash of Rs.5 lakhs and one
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motorcycle. The allegation of physical assault is also available
through complaint petition.
4. It is submitted by learned counsel appearing for
petitioner that the marriage of O.P. No.2 with petitioner, who
is husband solemnized 20 years back and they have two
children aged about 16 and 17 years. It is submitted that out
of domestic dispute and differences, the present false case
was lodged after 20 years of marriage, without having any
occasion with very general and omnibus allegation. The
petitioner claimed clean antecedent.
5. It is further argued that O.P. No.2 intentionally
not receiving the notice as issued by this Court just to harass
this petitioner. In support of his submission, it is submitted
that notice when on last occasion was sent through learned
advocate for informant/O.P. No.2 appearing before learned
trial court, it was refused to accept by him and moreover the
registered post also returned with endorsement that
complainant/O.P. No.2 is not available at given address. In
view of same, it is prayed that notice be deemed validly
served upon O.P. No.2/complainant.
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6. Learned APP appearing for the State while
opposing the prayer of bail submitted that the allegation of
cruelty and assault is specifically available against petitioner,
who is husband.
7. Taking contrary to the submissions, as advanced,
it is pointed out that the complaint petition is not supported by
any injury report and further same is also not supported by
affidavit contrary to the law laid down by Hon’ble Supreme
Court as available through Priyanka Srivastava and Anr.
vs. State of U.P. and Ors., as reported in (2015) 6 SCC
287.
8. In view of aforesaid factual submissions and by
taking note of general and omnibus allegation qua demand of
cash and one motorcycle and that too after 20 years of
marriage, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released on
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M., Saharsa in connection
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with Complaint Case No.181C of 2023, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short
‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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