Patna High Court
Kaushar Aziz @ Kaushar AzamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations of mental and physical cruelty were vague and general, warranting the grant of bail.
Summary
The petitioner, Kaushar Aziz, was named in an FIR for offences under Sections 108, 89, 61(2) and 85 of the Bihar Negotiable Instruments Act and Section ¾ of the Domestic Violence Act, alleged to have inflicted mental and physical cruelty on his wife, the informant. The petitioner sought bail, arguing that the cruelty allegations were vague, based merely on suspicion, and that his personal law permits a second marriage even while the first subsists. The opposing side contended that the allegations specifically targeted the petitioner as the husband. The court examined the nature of the allegations and found them to be general and omnibus, lacking concrete material. Consequently, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the Bihar Negotiable Instruments Act. The bail order was issued pending trial in the Ghurna Police Station case No. 56 of 2024.
Issues considered
- Whether the allegations of mental and physical cruelty are sufficient to justify denial of bail.
- Whether the petitioner’s right to a second marriage under personal law impacts the bail decision.
- Whether the petitioner should remain in custody pending trial.
Legislation cited
- Bihar Negotiable Instruments Act — s. 108, 482(2), 61(2), 85, 89
- Code of Criminal Procedure, 1973 — s. 438(2)
- Domestic Violence Act — s. ¾
Subjects
- bail
- mental cruelty
- physical cruelty
- domestic violence
- second marriage
- personal law
- general allegations
- Section 438 Cr.P.C.
- Section 482 BNIA
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35819 of 2025
Arising Out of PS. Case No.-56 Year-2024 Thana- GHURNA District- Araria
======================================================
Kaushar Aziz @ Kaushar Azam S/o Abdul Aziz Resident of Village- Babuan,
Ward No. 12, Police Station- Ghurna, District- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nikhat Praveen Kaushar Alam Resident of Village- Babuan, Ward No. 12,
Police Station- Ghurna, District- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 21-01-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Ghurna P.S. Case No.
56 of 2024 registered for the offences punishable under Sections
108, 89, 61(2) and 85 of the BNS and Section ¾ of the D.P. Act.
3. The allegation against petitioner is to commit mental
and physical cruelty upon informant, who is the wife of petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that allegation qua mental and physical
cruelty appears very much general and omnibus against this
petitioner. It is pointed out that petitioner was alleged to desirous
for solemnizing second marriage, but same appears to be raised
merely on the basis of suspicion without having any cogent
materials. It is submitted that even as per his personal law,
Patna High Court CR. MISC. No.35819 of 2025(6) dt.21-01-2026
2/2
petitioner being Muslim can solemnize second marriage subsisting
his first marriage. While concluding arguments, it is submitted that
above named 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
allegation is specifically available against this petitioner being
husband.
6. In view of aforesaid factual submission and by taking
note of fact as allegation qua mental and physical cruelty appears
very much general and omnibus in nature, accordingly petitioner
above-named, in the event of his arrest or surrender before the
trial court 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 C.J.M., Araria/concerned Court, where
the case is pending in connection with Ghurna P.S. Case No. 56 of
2024, subject to the conditions as laid down under Section 438(2)
of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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