Patna High Court
Santosh Kumar Raj @ Santosh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 498-A, 506/34
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
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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
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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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