Patna High Court
Vikram RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita — s. 175(3), 482(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
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
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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
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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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