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Patna High Court

Vikram RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The complaint, being unsupported by the required affidavit and being overly general, does not warrant denial of bail, and anticipatory bail was granted.

Summary

Vikram Ram was named in a complaint by his wife Kanchan Kumari alleging mental and physical cruelty for demanding a motorcycle and Rs.50,000 as dowry, invoking IPC section 498‑A and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner sought anticipatory bail, arguing that the complaint lacked the mandatory affidavit required under Section 175(3) of the Bhartiya Nagrik Suraksha Sanhita (BNSS) and that the allegations were vague and omnibus. The Additional Public Prosecutor opposed bail. The court observed that the complaint was indeed unsupported by an affidavit and was overly general, rendering it insufficient to justify denial of bail. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether a complaint under Section 175(3) BNSS is maintainable without an accompanying affidavit.
  • Whether the general and omnibus nature of the dowry‑related allegations precludes denial of anticipatory bail.
  • Whether the allegations under IPC 498‑A and the Dowry Prohibition Act justify refusal of bail.

Legislation cited

Subjects

  • dowry harassment
  • anticipatory bail
  • IPC 498A
  • complaint affidavit
  • BNSS
  • general/omnibus complaint
  • mental cruelty
  • physical cruelty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29971 of 2026
                    Arising Out of PS. Case No.-120 Year-2024 Thana- COMPLAINT CASE - ROSERA
                                                   District- Samastipur
                 ======================================================
                 Vikram Ram, S/o Sri Umesh Ram, R/o Village – Shasan, Ward No. 10, P.S.
                 -Hasanpur, District - Samastipur
                                                                       ... ... Petitioner
                                                  Versus

           1.    The State of Bihar
           2.    Kanchan Kumari, W/o Vikram Ram, At present Address - Kanchan Kumari,
                 D/o Ashok Ram, R/o Village - Maranchi, Indrapath, P.S. - Hasanpur, District
                 - Samastipur

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Hriday Kant Mishra, Advocate
                 For the Opposite Party/s :      Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   11-05-2026                  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.120 of 2024 in which cognizance has

                   been taken for the offences punishable 498-A of the Indian

                   Penal Code and Sections 3 and 4 of the Dowry Prohibition

                   Act.

                                3.    The     complainant     Kanchan       Kumari     raised

                   allegation through her complaint petition that petitioner

                   being husband along with his family members committed
Patna High Court CR. MISC. No.29971 of 2026(2) dt.11-05-2026
                                            2/3




          mental and physical cruelty upon her due to non-fulfilment

          of demand of dowry as raised for one motorcycle and cash

          of Rs.50,000/-.

                       4.     It is submitted by learned counsel appearing

          for the petitioner that the complaint in issue is not supported

          by affidavit, which is otherwise mandatory in view of Section

          175(3) of the BNSS. In support of this submission, learned

          counsel has relied upon legal report of Hon’ble Supreme

          Court as available through Priyanka Srivastava v. State

          of Uttar Pradesh [(2015) 6 SCC 287]. It is pointed out

          that due to this legal reason, the allegation as raised through

          complaint petition cannot be taken into consideration. While

          concluding argument, it is submitted that the allegation qua

          demanding dowry, as mentioned aforesaid, is appearing very

          much general and omnibus against petitioner and other

          family members.

                       5.       Learned       APP     opposed   the   prayer   for

          anticipatory bail of the petitioner.

                       6.     In view of aforesaid factual submissions and

          by taking note of fact, as the dowry demand, as mentioned
          Patna High Court CR. MISC. No.29971 of 2026(2) dt.11-05-2026
                                                      3/3




                    aforesaid, is appearing very much general and omnibus

                    against petitioner, coupled with the fact that complaint in

                    issue is not supported by affidavit, as discussed aforesaid,

                    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 Sub Divisional Judicial Magistrate, Rosera in

                    connection with Complaint Case No.120 of 2024, T.R.

                    No.2473 of 2024, 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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