Patna High Court
Gulshan Mandal @ Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable and Settlement Act — s. 115, 126, 175, 3, 303, 351, 352, 482, 85, 86
- D.P. Act — s. 3, 4
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
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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
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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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