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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail.

Summary

Ravi Kumar was named in an FIR under Sections 341, 323, 504, 506 and 498‑A of the Indian Penal Code for alleged physical and mental cruelty after the birth of a female child and for demanding a four‑wheeler vehicle. The petitioner sought bail, arguing that the allegations were vague, arose after ten years of marriage, and were motivated by a domestic quarrel, and he asserted a clean antecedent. The Additional Public Prosecutor opposed bail. The Court observed that the accusations were general, omnibus, and appeared to be based on trivial issues, and noted the petitioner’s clean record. Consequently, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The bail order was conditioned on the petitioner’s surrender to the Chief Judicial Magistrate within four weeks.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the IPC
  • Whether the allegations of physical and mental cruelty constitute a ground to deny bail

Legislation cited

Subjects

  • bail
  • domestic violence
  • cruelty
  • IPC
  • CrPC
  • BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33468 of 2024
                    Arising Out of PS. Case No.-42 Year-2023 Thana- MAHILA P.S. District- Muzaffarpur
                 ======================================================
                 Ravi Kumar, Son of Nawal Kishor Choudhary, Resident of Village- Muradpur
                 Tullah, Gali No- 5, Prakash Path , P.S.- Ahiyapur, Distt- Muzaffarpur

                                                                                      ... ... Petitioner
                                                        Versus
           1.    The State of Bihar
           2.    Bharti Kumar, Daughter of Laxmi Chaudhary, wife of Ravi Kumar, Resident
                 of Village and Post - Ramnagar, P.S.- Gaighat, Dist- Muzaffarpur

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   28-01-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

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

                   No.42 of 2023 registered under Sections 341, 323, 504, 506

                   and 498-A read with 34 of the Indian Penal Code.

                                3. Allegation against petitioner is to commit physical

                   and mental cruelty upon informant after giving birth of a

                   female child, whereafter a demand for four-wheeler vehicle

                   was raised.

                                4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.33468 of 2024(3) dt.28-01-2026
                                            2/3




          petitioner that it not appears convincing that after ten years

          of marriage after birth of female child, the petitioner would

          demand a four-wheeler vehicle from the family of informant.

          It is submitted that out of domestic quarrel, the present false

          case was lodged against petitioner and family members with

          harassing attitude. It is also pointed out that the allegation

          qua physical and mental cruelty appears very much general

          and omnibus in nature. The petitioner claimed clean

          antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as allegation qua committing physical and

          mental cruelty appears very much general and omnibus in

          nature and that too appears raised after ten years of marriage

          prima facie out of trivial issues, as mentioned above,

          accordingly, the petitioner, above-named, in the event of his

          arrest or surrender in the court below within a period of four

          weeks from today, is directed to be released on bail on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of
           Patna High Court CR. MISC. No.33468 of 2024(3) dt.28-01-2026
                                                       3/3




                     the learned Chief Judicial Magistrate, Muzaffarpur in

                     connection with Mahila P.S. Case No.42 of 2023, subject to

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

                     of Criminal Procedure (in short ‘CrPC’)/under Section 482(2)

                     of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short

                     ‘BNSS’).


                                                             (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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