Patna High Court

Sujit Kumar YadavversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that the allegations were general and omnibus, warranting the grant of bail to the petitioner.

Summary

The petitioner, Sujit Kumar Yadav, was named in a complaint (Case No.1191 of 2022) alleging cruelty under Section 498-A of the IPC for demanding Rs.1 lakh and a motorcycle as dowry. The petitioner contended that the allegations of physical assault and dowry demand were vague and omnibus. The Additional Public Prosecutor could not refute the claim that the complaint was overly general. The court observed that the allegations indeed lacked specificity and were general in nature. Consequently, the court ordered the petitioner’s release on bail, subject to a bond of Rs.10,000 with two sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS 2023. The bail order was conditioned on surrender within four weeks and compliance with the stipulated terms.

Issues considered

Whether the complaint under Section 498-A IPC contains specific and sufficient allegations to justify denial of bail
Whether the allegations of physical and mental cruelty are too general and omnibus to sustain pre‑trial detention

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)
Indian Penal Code — s. 498-A

Subjects

dowry harassment
Section 498-A
bail
general and omnibus allegations
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34862 of 2025
                 Arising Out of PS. Case No.-1191 Year-2022 Thana- SARAN COMPLAINT CASE District-
                                                          Saran
                 ======================================================
                 Sujit Kumar Yadav, S/o Rajendra Yadav, Resident of Village-Rampur Ke
                 Tolla, P.S.- Hasanpura, Dist- Siwan
                                                                         ... ... Petitioner
                                                     Versus

           1.    The State of Bihar
           2.     Pratima Kumari, D/o Laldev Yadav, R/o Village-Kopa, P.S.-Kopa, Dist.-
                  Saran.
                                                                  ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :     Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   21-01-2026                  Heard learned counsel for the petitioner and learned

                    Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the complaint

                    petition and apprehending his arrest in connection with

                    Complaint Case No.1191 of 2022 in which cognizance has

                    been taken for the offence punishable under Section 498-A

                    of the Indian Penal Code.

                                3. Allegation against petitioner is to commit cruelty

                    upon complainant/O.P. No.2 due to non-fulfilment of

                    demand of dowry as raised for cash of Rs. 1 lakh and one

                    bullet motorcycle.
Patna High Court CR. MISC. No.34862 of 2025(5) dt.21-01-2026
                                            2/3




                      4. It is submitted by learned counsel appearing for

           petitioner that the allegations qua physical assault and

           demand of dowry appear very much general and omnibus

           against the petitioner and in support of his submission, he

           drawn attention of this Court towards paragraph-4 of

           complaint petition. The petitioner claimed clean antecedent.

                      5. learned APP duly assisted by learned counsel

           appearing for complainant/O.P. No.2 could not disputed the

           aforesaid paragraph of the complaint petition, which

           suggesting the allegation raised in very general and omnibus

           manner against the petitioner.

                      6. In view of the above-mentioned facts and

           circumstances, as allegation qua physical and mental cruelty

           against petitioner appears very much general and omnibus in

           nature, accordingly, the petitioner, above-named, in the

           event of his arrest or surrender in the court below within a

           period of four weeks, 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 the learned S.D.J.M., Saran in connection with Complaint
            Patna High Court CR. MISC. No.34862 of 2025(5) dt.21-01-2026
                                                        3/3




                       Case No.1191 of 2022, 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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