Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, given the vague nature of the allegations and the unexplained four‑year delay, bail should be granted to the petitioner.
Summary
Anil Kumar was named in a complaint alleging offences under Sections 498-A, 354B, 341, 323, 406, 34 of the IPC and Section 3 of the Dowry Prohibition Act, alleging mental and physical cruelty for non‑payment of a dowry demand of Rs. 4 lakh and a four‑wheeler. The alleged incident occurred in 2020, but the complaint was filed only on 28 June 2024, creating a four‑year delay that the petitioner argued was unexplained. The State opposed the bail application, but could not justify the delay, and it was noted that a maintenance suit had already been filed in 2023. The court observed that the allegations of cruelty were vague and general, and the inordinate delay weakened the prosecution's case. 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 BNSS. The bail order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC and Dowry Prohibition Act.
- Whether the four‑year delay in lodging the complaint warrants denial of bail or affects the merits of the case.
- Whether the allegations of mental and physical cruelty are sufficiently specific to justify denial of bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 354B, 406, 498-A
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- delay in filing complaint
- IPC
- Dowry Prohibition Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35928 of 2025
Arising Out of PS. Case No.-271 Year-2024 Thana- COMPLAINT CASE District- Lakhisarai
======================================================
Anil Kumar son of Munnilal Bind Resident of BSL Jhopari Colony, Near
Pandy Coal dip, Post- Shivandih, Ps- Maraphari, Dist- Bokaro, (Jharkhand ),
At Present c/o- Smt. Sumitra Devi, B-402, Pearl 100 Society, Jundal Bhagad,
rod New Chandkhera, P.S.- New Chndkhera, Ahamadabad(Gujarat)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Smita Kumari wife of Anil Kumar village- lakhana, Post and ps- Kajra, Dist-
Lakhisarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Adv
For the Opposite Party/s : Mr. Nityanand, APP
For the O.P. No. 2 : Mr. Rajive Ranjan Singh, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 21-01-2026 Heard the parties.
2. The petitioner is named in the complaint
petition and apprehending his arrest in connection with
Complaint Case No. 271c of 2024 registered for the
offences punishable under Sections 498-A, 354B, 341,
323, 406 and 34 of the IPC and Section ¾ of the D.P.
Act.
3. The allegation against petitioner is to
commit mental and physical cruelty upon complainant,
who is the wife of petitioner due to non-fulfillment of
demand of dowry as raised for cash of Rs. 4 lakh and
one four-wheeler.
4. It is submitted by learned counsel
Patna High Court CR. MISC. No.35928 of 2025(6) dt.21-01-2026
2/3
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 alleged occurrence took place just
after the marriage when complainant was in
Ahmadabad, Gujarat with petitioner and thereafter she
returned to her parental home immediately after three
months of marriage, the entire occurrence is of year
2020, but the present case was lodged on 28.06.2024
after gap of four years without explaining any reasons
for such an inordinate delay. 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 could not explain such inordinate delay. It is fairly
conceded that even maintenance case was filed in the
year 2023, itself.
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, where present complainant prima-
facie lodged case after delay of four years without
explaining such inordinate delay, accordingly petitioner
Patna High Court CR. MISC. No.35928 of 2025(6) dt.21-01-2026
3/3
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 S.D.J.M., Lakhisarai/concerned Court, where
the case is pending in connection with Complaint Case
No. 271c 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
Checking your session…