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Patna High Court

Santosh Kumar Raj @ Santosh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the prima facie allegations of cruelty were general and omnibus, and therefore granted bail to the petitioner.

Summary

The petitioner, Santosh Kumar Raj, was named in an FIR for offences under IPC sections 498‑A, 323 and 506/34 and Section 3 of the Dowry Prohibition Act, alleging mental and physical cruelty for demanding Rs 20 lakh as a loan to start a business. The petitioner sought bail, contending that the demand was a commercial loan, not dowry, and that the cruelty allegation was vague and he had a clean antecedent. The State argued that the petitioner had entered a second marriage while his first marriage to the informant subsisted, indicating cruelty. The High Court observed that the prima facie allegations of cruelty were general and omnibus, and therefore found no substantive ground to deny bail. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under CrPC Sections 438(2) and 482(2).

Issues considered

  • Whether the allegations of mental and physical cruelty under Section 498‑A constitute a specific charge justifying denial of bail
  • Whether the demand for Rs 20 lakh can be characterized as dowry or a commercial loan
  • Whether the petitioner’s second marriage, while the first subsists, evidences cruelty sufficient to deny bail

Legislation cited

Subjects

  • bail
  • dowry harassment
  • mental cruelty
  • physical cruelty
  • IPC
  • Section 498-A
  • second marriage
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32664 of 2024
                     Arising Out of PS. Case No.-62 Year-2023 Thana- MAHILA PS District- Darbhanga
                 ======================================================
                 Santosh Kumar Raj @ Santosh Kumar Yadav S/o Dhanik Lal Yadav R/o vill -
                 Surya Pokhar, Taralahi, P.S. - Bahadurpur, Distt. - Darbhanga
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Girish Chandra Jha, Adv
                 For the Opposite Party/s :       Mr. Satyendra Narayan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
3   29-01-2026                    Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Mahila P.S. Case

                   No. 62 of 2023 registered for the offences punishable under

                   Sections 498-A, 323 and 506/34 of the Indian Penal Code

                   and Section ¾ of the DP Act.

                                3. The allegation against petitioner is to commit

                   mental and physical cruelty upon informant, when she failed

                   to fulfill demand of Rs. 20 lakhs which was asked to start the

                   business by petitioner.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that even from the face of FIR it can

                   be gathered safely that demand was not made as dowry,

                   rather as loan to start business. It is also submitted that
Patna High Court CR. MISC. No.32664 of 2024(3) dt.29-01-2026
                                            2/3




          allegation qua committing physical and mental cruelty

          appears very much general and omnibus in nature against this

          petitioner. While concluding arguments, it is submitted that

          petitioner is a man of clean antecedent.

                         5. Learned APP duly assisted by learned counsel for

          the informant while opposing the prayer of bail submitted that

          petitioner solemnized second marriage subsisting his first

          marriage with informant, itself suggesting about the cruelty

          as committed by petitioner.

                         6. In view of aforesaid factual submission and by

          taking note of fact prima-facie allegation qua committing

          physical and mental cruelty is appearing very much general

          and omnibus against this petitioner, 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   S.D.J.M.

          Darbhanga/concerned Court, where the case is pending in

          connection with Mahila P.S. Case No. 62 of 2023, subject to
               Patna High Court CR. MISC. No.32664 of 2024(3) dt.29-01-2026
                                                           3/3




                         the conditions as laid down under Section 438(2) of the

                         Cr.P.C/ Section 482(2) of BNSS.

                                      7.      Parties       are       free    to   enter     into

                         compromise/settlement any time before the learned Trial

                         Court during the pendency of this case.


                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-
U       T


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