Patna High Court
Md. Shah Alam Chisti @ Md. Shah Alam Chisty @ Shah Alam ChistyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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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