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Patna High Court

Gulshan Mandal @ Gulshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the complaint was not adequately supported and the allegations were vague, thereby granting anticipatory bail to the petitioner.

Summary

Gulshan Mandal was named in a complaint (Case No. 454 of 2024) alleging mental and physical cruelty for refusing a dowry demand of Rs. 2 lakh, invoking several sections of the Bihar Negotiable and Settlement Act and the D.P. Act. He applied for anticipatory bail, which the trial court denied on the ground that he was the complainant's husband. Counsel argued that the complaint lacked an affidavit as required by Section 175(3) of the BNSS and cited the Supreme Court decision in Priyanka Srivastava v. State of Uttar Pradesh. The High Court found the allegations vague and the complaint unsupported, and consequently ordered his release on bail with a bond and sureties, subject to Section 482(2) of the BNSS. The court also noted that the parties could settle the matter at any stage of the trial.

Issues considered

  • Whether the complaint is sufficiently supported by an affidavit under Section 175(3) of the BNSS for granting anticipatory bail.
  • Whether the general and omnibus nature of the dowry‑related cruelty allegations justifies denial of bail.
  • Whether being the husband of the complainant is a valid ground to refuse bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • cruelty
  • complaint affidavit
  • Section 175(3)
  • Section 482(2)
  • general allegations
  • settlement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29974 of 2026
                  Arising Out of PS. Case No.-454 Year-2024 Thana- COMPLAINT CASE - NAUGACHIA
                                                    District- Bhagalpur
                 ======================================================
                 Gulshan Mandal @ Gulshan Kumar son of Subodh Mandal Resident of
                 Village - Khagra Garia, Ps- Parbatta, Dist- Bhagalpur

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Priyanka Kumari Wife of Gulshan Mandal @ Gulshan Kumar Resident of
                 Village - Garia, Ps- parbatta, Dist- Bhagalpur at Present of Village-
                 Lakshminiya Ps- Rupuli, Dist- Purnia

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Rajesh Kumar
                 For the Opposite Party/s :    Mr.Rajendra Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   11-05-2026                    Heard the parties.

                                2. The petitioner is named in the complaint case

                   and apprehending his arrest in connection with complaint

                   Case No. 454 of 2024 registered for the offences punishable

                   under Sections 126(2), 115(2), 352, 351(2), 03, 303, 85,

                   86 of BNS AND ¾ of D.P. Act.

                                3. As per complaint, petitioner alongwith family

                   members alleged to commit mental and physical cruelty

                   upon complainant/ OP No. 2 due to non fulfillment of

                   demand of dowry as raised for cash of Rs. 2 lakh.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.29974 of 2026(2) dt.11-05-2026
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          behalf of the petitioner that complaint not appears supported

          through affidavit and therefore, the contention raised thereof

          cannot be accepted as true in view of Section 175(3) of

          BNSS, in support of his submission learned counsel relied

          upon the legal report of Hon’ble Supreme Court as available

          through Priyanka Srivastava Vs. State of Uttar Pradesh

          [2015 (6) SCC 287]. It is submitted that beside aforesaid

          legal aspect allegation qua demand of dowry as raised by

          complainant/ wife against petitioner is very much general

          and omnibus in nature and his prayer of anticipatory bail was

          rejected by learned trial court only for the reason that

          petitioner is husband. While concluding arguments, it is

          submitted that petitioner being husband is ready to settle

          the issue with complainant.

                       5. Learned APP opposes the prayer of bail.

                       6. In view of aforesaid factual submission and by

          taking note of fact as allegation qua committing cruelty due

          to non-fulfillment of demand of dowry as mentioned

          aforesaid appearing very much general and omnibus in

          nature against petitioner, coupled with the fact that the
              Patna High Court CR. MISC. No.29974 of 2026(2) dt.11-05-2026
                                                          3/3




                        complaint in issue also not appears supported through

                        affidavit in terms of legal provisions as discussed aforesaid,

                        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 ACJM II, Naugachia, Bhagalpur /concerned Court,

                        where the case is pending in connection with complaint Case

                        No. 454 of 2024, subject to the conditions as laid down

                        under Section 482(2) of BNSS.

                                     7. Parties may settle their issues during trial at any

                        stage.



                                                                      (Chandra Shekhar Jha, J)
Sudha/-

U         T


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