Patna High Court
Rahul Kumar @ Rahul KumalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding the complaint prima facie vague and general.
Summary
The petitioner, Rahul Kumar, was named in a complaint (Case No. 9288(c) of 2023) alleging offences under Sections 498A, 406 and 506 of the IPC for mental and physical cruelty linked to dowry demands. The petitioner contended that the complaint was false, filed by his wife Sonam Kumari, who no longer wished to continue the marriage, and that the allegations were vague and omnibus. The learned counsel highlighted the petitioner’s clean antecedents and argued that the complaint lacked specific factual basis. The opposing side opposed bail. The court, after considering the prima facie nature of the allegations and the generality of the complaint, ordered the petitioner’s release on bail subject to a bond of Rs.10,000 with two sureties, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the pending complaint under Sections 498A, 406 and 506 IPC.
- Whether the complaint constitutes a false or frivolous allegation lacking specific facts.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 406, 498A, 506
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- IPC 498A
- Criminal Procedure Code
- false complaint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26759 of 2026
Arising Out of PS. Case No.-9288 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Rahul Kumar @ Rahul Kumal Son of Arun Kumar R/o Jakariyapur, New
Bypass, Near Baachpan Play School, P.S. - Ram Krishna Nagar, Dist. - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sonam Kumari D/o Raj Kumar Sinha Wife of Rahul Kumar R/o Jakariyapur,
New Bypass, Near Baachpan Play School, P.S. - Ram Krishna Nagar, Dist. -
Patna. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra, Adv
: Ms. Jyoti Prasad, Adv
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 27-04-2026 Heard the parties.
2.The petitioner is named in the complaint petition and
apprehending his arrest in connection with Complaint Case No.
9288(c) of 2023 registered for the offences punishable under
Sections 498(A), 406 and 506 of the Indian Penal Code.
3. As per the complaint case petitioner, who is husband
alleged to commit mental and physical cruelty upon complainant
along with family members due to non-fulfillment of demand of
dowry
4. It is submitted by learned counsel appearing on
behalf of the petitioner that complainant is not desirous to
continue marriage with this petitioner, therefore, present false
complaint case was lodged. Taking reference of para 11 of the
complaint petition, which is on affidavit, it is pointed out that
Patna High Court CR. MISC. No.26759 of 2026(2) dt.27-04-2026
2/2
allegation qua committing mental and physical cruelty is
appearing very much general and omnibus in nature against
family members including this petitioner. While concluding
arguments, it is submitted that above named petitioner is a man
of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of para 11 of the complaint petition, which prima-
facie suggests very general and omnibus allegation qua
committing mental and physical cruelty against petitioner, who is
the husband, 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,
Patna/concerned Court, where the case is pending in connection
with Complaint Case No. 9288(c) of 2023, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C/
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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