Patna High Court
Nitish Kumar @ NitishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court held that the complaint’s lack of affidavit support and its general nature warranted granting bail to the petitioner.
Summary
The petitioner, Nitish Kumar, was named in a complaint alleging mental and physical cruelty and other offences under IPC sections 341, 323, 379 and 498A, as well as Section 3 of the Dowry Prohibition Act, for allegedly demanding a dowry of Rs 10 lakh. The petitioner filed a bail petition, contending that the complaint was not supported by an affidavit and that the allegations were vague, general and omnibus, relying on the ratio in Priyanka Srivastava v. State of Uttar Pradesh (2015) 6 SCC 287. The State opposed the bail, arguing that the offences were serious. The High Court observed that the complaint indeed lacked an affidavit and the allegations were overly general, and therefore the petitioner was entitled to bail. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482(2) BNSS.
Issues considered
- Whether a complaint lacking an affidavit and containing general, omnibus allegations can justify denial of bail.
- Whether the petitioner is entitled to bail under Section 438(2) of the Criminal Procedure Code and Section 482(2) of BNSS in view of the alleged offences.
- Whether the allegations under IPC sections 341, 323, 379, 498A and the Dowry Prohibition Act are sufficient to warrant refusal of bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 341, 379, 498A
Subjects
- bail
- dowry harassment
- IPC
- general complaint
- affidavit
- Section 498A
- mental cruelty
- physical cruelty
- Criminal Procedure Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27918 of 2026
Arising Out of PS. Case No.-2020 Year-2023 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Nitish Kumar @ Nitish S/O Shambhusharan Singh Resident of Chandpura,
P.S- Patory, District- Samastipur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priti Kumari W/O Nitish Kumar R/O Village- Chandpura, P.S- Patory, Distt.-
Samastipur and presently resides at Daughter of Ramvasni Singh, R/O
Chamarhara, P.S- Mahnar, Distt.- Vaishali, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Keshav Bhardwaj
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-05-2026 Heard the parties.
2. The petitioner is named in the complaint petition and
apprehending his arrest in connection with Complaint Case No. 2020
of 2023 registered for the offences punishable under Sections 341,
323, 379 and 498 A of the Indian Penal Code and Section ¾ of the
DP Act.
3. As per FIR, petitioner along with other family members
committed mental and physical cruelty upon complainant due to non-
fulfillment of demand of dowry as raised for cash of Rs. 10 lakhs.
4. It is submitted by learned counsel appearing on behalf
of the petitioner that complaint in issue is not supported by affidavit
and, therefore, the allegation as averred through present petition
cannot be relied upon in view of legal ratio as available through
Priyanka Srivastava and Another Vs. State of Uttar Pradesh and
Patna High Court CR. MISC. No.27918 of 2026(2) dt.01-05-2026
2/2
Others, [(2015) 6 SCC 287]. It is further submitted by learned
counsel that even from the face of complaint qua demand of dowry
and also qua allegation of assault dated 14.04.2023 is appearing very
much general and omnibus. 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 and legal submission and
by taking note of fact as allegation qua physical and mental cruelty
against petitioner is very much general and omnibus in nature and
further complaint in issue is not supported by affidavit, 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 CJM, Vaishali at Hajipur/concerned Court,
where the case is pending in connection with Complaint Case No.
2020 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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