Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 323, 34, 341, 498-A, 504, 506
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
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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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