Patna High Court
SUNITA DEVIversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioners, subject to a bond and sureties, noting the complainant's lack of interest in continuing the marriage and the possibility of the complaint being frivolous.
Summary
The petitioners, Abhinav Shourya and Sunita Devi, sought bail in two criminal miscellaneous proceedings arising from a complaint (Case No. 1101(C) of 2023) alleging multiple offences including dowry harassment, cruelty, and other IPC offences. The complainant alleged that Abhinav subjected her to mental and physical cruelty for dowry demands and that Sunita Devi, his 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 court observed that the complainant was not interested in continuing the marriage and had opted for divorce, indicating the complaint may be frivolous. Accordingly, the court granted bail to both petitioners on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether bail should be granted to the accused despite the serious nature of the offences alleged in the complaint
- Whether the complaint is frivolous or an abuse of process given the complainant's desire for divorce
- Applicability of Section 482(2) of the Criminal Procedure Code in granting bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3/4
- Indian Penal Code — s. 120B, 233, 307, 34, 377, 406, 498A, 504, 506
Subjects
- bail
- dowry harassment
- cruelty
- IPC
- Criminal Procedure Code
- divorce
- frivolous complaint
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
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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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