Patna High Court
Ashik Kumar @ Ashik SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were overly general and the delay unexplained, thereby granting bail to the petitioner.
Summary
The petitioner, Ashik Kumar, was arrested in connection with a 2019 complaint alleging cruelty under IPC sections 498A, 379, 34 and the Dowry Prohibition Act for demanding Rs.1 lakh and a motorcycle. Counsel for the petitioner argued that the dowry demand and cruelty allegations were vague, general and omnibus, and that the complaint was filed after an inordinate delay of two and a half years without explanation. The prosecution opposed bail, asserting that the cruelty allegations were sufficient. The court examined the specificity of the allegations and the delay, finding them insufficient to justify continued detention. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The bail order was directed to be implemented by the trial court within four weeks.
Issues considered
- Whether the allegations of dowry demand and cruelty are sufficiently specific to deny bail
- Whether the delay of two and a half years in filing the complaint warrants denial of bail
- Whether bail can be granted under Section 482(2) of the BNSS in the present circumstances
Legislation cited
- BNSS — s. 482(2)
- Dowry Prohibition Act
- Indian Penal Code — s. 34, 379, 498A
Subjects
- bail
- dowry harassment
- IPC 498A
- general and omnibus allegations
- delay in filing complaint
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35948 of 2025
Arising Out of PS. Case No.-2140 Year-2019 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Ashik Kumar @ Ashik Sharma S/o Mahadev Thakur Resident of village-
Bakhari Tola, Barawa, P.S.- Kalyanpur, District- East Champaran. In the
impugned order P.S.- Lalyanpur wrongly mentioned. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Priti Devi @ Rajni Devi D/o Ramayan Thakur, W/o Ashik Kumar @ Ashik
Sharma, R/o vill - Bakhari Tola, Barawa, P.s.- Kalyanpur, Distt.- East
Champaran, Presently Residing at vill - Jasauli Patti, P.S.- Kotwa, Distt.-
East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 21-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Complaint Case No. 2140 of 2019 registered for
the offences punishable under Section 498(A), 379, 34 of the
Indian penal Code and ¾ of Dowry prohibition Act.
3. As per complaint, the allegation against the petitioner
is to commit cruelty upon the complainant due to non-fulfillment of
demand of dowry, as raised for cash of Rs. one lacs and one
glamour motorcycle alongwith other co-accused persons/family
members.
Patna High Court CR. MISC. No.35948 of 2025(4) dt.21-01-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioner that allegation qua demand of dowry is
appearing very much general and omnibus. It is submitted that
this complaint petition appears to be filed after delay of two and
half years as same can be gathered from the complaint itself as
complainant categorically stated through her complaint that she
returned to her parental home immediately after six months of her
marriage, which admittedly took place in year 2018. It is
submitted that said inordinate delay not appears explained. It is
pointed out that demand of dowry, mental cruelty and committing
physical cruelty is also appearing very much general and omnibus
in nature.
5. Learned APP opposed the prayer of bail.
6. Mr. Abhishek Kumar, learned counsel appearing on
behalf of the informant, while opposing the prayer of bail
submitted that the allegation of committing cruelty is available
against petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as the allegation qua committing mental and
physical cruelty against petitioner appears very much general and
omnibus in nature, accordingly, above named petitioner, in the
event of his arrest or surrender before the learned trial Court,
Patna High Court CR. MISC. No.35948 of 2025(4) dt.21-01-2026
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within a period of four weeks of the order, 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 2nd Additional Sessions Judge, East
Champaran at Motihari/concerned Court, where the case is
pending in connection with Complaint Case No. 2140 of 2019
subject to the conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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