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Patna High Court

Md. Shah Alam Chisti @ Md. Shah Alam Chisty @ Shah Alam ChistyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the allegations of mental cruelty were general and omnibus, insufficient to deny bail, and therefore granted bail to the petitioners subject to statutory conditions.

Summary

The petitioners, four relatives of the husband of the informant, were named in an FIR for offences under Sections 82(1), 85 and 3(5) of the BNS, alleged to have committed cruelty against the informant. They contended that the allegations were vague, omnibus and aimed at harassing the family, noting that the informant had not appeared despite notice. The State opposed bail, but the court observed that the charge of mental cruelty was general and insufficient to justify denial of bail, especially in view of the informant's non‑appearance. Consequently, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS. The bail order was directed to be implemented by the concerned court in Rohtas.

Issues considered

  • Whether the petitioners are entitled to bail in respect of the offences under Sections 82(1), 85 and 3(5) of the BNS.
  • Whether the allegation of mental cruelty constitutes a sufficient ground to deny bail.
  • Whether the informant's failure to appear despite notice affects the grant of bail.

Legislation cited

Subjects

  • bail
  • mental cruelty
  • general allegation
  • Section 438 CrPC
  • Section 482 BNS
  • criminal procedure
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31547 of 2025
                  Arising Out of PS. Case No.-778 Year-2024 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
           1.     Md. Shah Alam Chisti @ Md. Shah Alam Chisty @ Shah Alam Chisty son
                  of Late Md. Suleman Ansari Resident of Mohalla -Neel Kothi, Ward No 27
                  PS -Dehri (T), District -Rohtas
           2.    yasmin Chisti @ Yasmin Chisty Wife of Md. Shah Alam Chisti Resident of
                 Mohalla -Neel Kothi, Ward No 27 PS -Dehri (T), District -Rohtas
           3.    Asama Chishti wife of Md. Aftab Alam Chisti Village- Bisheni Kala,Ps-
                 Nasriganj, Dist- Rohtas
           4.    Abdul Quddus @ Quddus Alam Son of Late Suleman Ansari Village-
                 Dandila Khurd Rehla, Ps- Rehla Dist- palamu (Jharkhand), At P/A- Residing
                 at Sukha Rauja, Ps- Sasaram, Dist- Sasaram
                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.     Shamreen Haider Daughter of Late Md. Haider Ali village- Jikki shaheed,
                  Mewari Tola, Ward no. 29, ps- Sasaram town, Dist- Rohtas
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prasoon Shekhar, Adv
                                          :      Mr. Sumit Kumar, Adv
                                          :      Mr. Hari Om, Adv
                                          :      Mr. Avinash Kr. Singh, Adv
                 For the Opposite Party/s :      Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   20-01-2026                   Heard the parties.

                                 2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Sasaram Town Model

                   P.S. Case No. 778 of 2024 registered for the offences punishable

                   under Sections 82(1), 85 and 3(5) of the BNS.

                                 3. The allegation against the petitioners is to commit

                   cruelty upon informant/O.P. No. 2 along with other co-accused

                   persons.
Patna High Court CR. MISC. No.31547 of 2025(6) dt.20-01-2026
                                            2/3




                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that all four petitioners are relatives of the

          husband of informant namely Naiyar Alam Chisty son of Sulemain

          Ansari. It is submitted that from the written information it can be

          gathered easily that thrust of allegation is available against

          husband as he solemnized second marriage subsisting marriage

          with informant as per his personal law. It is submitted that

          allegation against this petitioner is very much general and omnibus

          in nature only to keep the jewelleries of the informant, which is

          just to aggravate and implicate entire family members due to

          oblique motive, getting its strength as FIR categorically stated that

          she was living with her husband in Delhi and when she was

          tortured by co-accused, she joined her parental home as such,

          there was no occasion to live with petitioner.

                       5. Learned APP opposes the prayer of bail.

                       6. Despite valid service of notice, none appeared on

          behalf of informant.

                       7. In view of aforesaid factual submission and by taking

          note of fact as allegation qua mental cruelty appears very much

          general and omnibus against petitioner, who are in-laws

          accordingly all above named petitioners, in the event of their arrest

          or surrender before the court below within a period of four weeks,
               Patna High Court CR. MISC. No.31547 of 2025(6) dt.20-01-2026
                                                           3/3




                         are directed to be released on bail, furnishing bail bond of Rs.

                         10,000/- (Rupees Ten Thousand) each with two sureties of the like

                         amount each to the satisfaction of the learned C.J.M., Rohtas at

                         Sasaram/concerned Court, where the case is pending in

                         connection with Sasaram Town Model P.S. Case No. 778 of 2024,

                         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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