Patna High Court
Sanoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were vague and general, warranting the grant of bail.
Summary
Sanoj Kumar was named in a 2023 complaint alleging cruelty, dowry demand of Rs. 2 lakh, and an attempt to murder the complainant by pouring kerosene oil, invoking Sections 498A and 307 of the IPC, Section 4 of the Dowry Prohibition Act, and a second marriage claim. The petitioner’s counsel argued that the trial court found the murder attempt allegation unsubstantiated and that the dowry and cruelty allegations were vague and omnibus. The State contended that the allegations, though general, warranted denial of bail. The court noted that notice to the second informant could not be served and held that the accusations were indeed vague, lacking specificity. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- What is the adequacy and specificity of the allegations under Sections 498A IPC, 307 IPC and the Dowry Prohibition Act for denying bail?
- Whether the general and omnibus nature of the allegations justifies the grant of bail to the petitioner?
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 307, 498A
Subjects
- bail
- dowry harassment
- cruelty
- attempt to murder
- general allegations
- omnibus
- Section 498A IPC
- Section 307 IPC
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26667 of 2025
Arising Out of PS. Case No.-1032 Year-2023 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
Sanoj Kumar S/o- Late Shri Sao Village- Baindaili PS-Kawakol Dist- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shanti Devi @ Shanti Kumari W/o- Sanoj Kumar, D/o- Ramawatar Sao
Village- Baindaili Ps- Kawakol Dist- Nawada, P/A- Sudamapur Ps- Barhat
Dist- Jamui
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vivek Kumar Sinha
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 15-01-2026 Heard the parties.
2. The petitioner is named in complaint case
and apprehending his arrest in connection with
Nawada Complaint Case No. 1032 of 2023 registered
for the offences punishable under Sections 498A of IPC
and Section 4 of D.P Act.
3. The allegation against petitioner is to
commit cruelty upon complainant along with family
members/other co-accused persons due to non-
fulfillment of demand of dowry of Rs. 2 lakh. It is also
alleged through complaint that petitioner and his
family members made an attempt to cause death of
complainant and for the same the petitioner and his
family members poured kerosene oil on complainant.
Patna High Court CR. MISC. No.26667 of 2025(4) dt.15-01-2026
2/3
The complaint was also lodged under section 307 of
IPC.
4. It is submitted by learned counsel
appearing on behalf of the petitioner that after inquiry
of witnesses, learned Trial court could not believe the
allegations qua attempt of murder and also that his
family members were found involved in pouring of
kerosene oil upon complainant. It is submitted that
allegation qua physical assault/cruetly and demanding
dowry for Rs. 2 Lakh is appearing very much general
and omnibus in nature. It is also pointed out that
allegation of solemnization of second marriage also
appears false.
5. Notice was issued to informant/O.P. No. 2 on
two different addresses, but same could not be served
upon her.
6. Learned APP while opposing the prayer of
bail submitted that allegation of demand of dowry and
physical assault was raised in very general and
omnibus manner.
7. In view of aforesaid submission and by
taking note of fact as allegation qua committing
cruelty arising out of demand of dowry and physical
assault appears very much general and omnibus in
Patna High Court CR. MISC. No.26667 of 2025(4) dt.15-01-2026
3/3
nature, accordingly petitioner above-named, in the
event of his arrest or surrender before the court below
within a period of four weeks, 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, Nawada
/concerned Court, where the case is pending in
connection with Nawada Complaint Case No. 1032 of
2023, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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