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Patna High Court

Ashik Kumar @ Ashik SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                          3/3




                        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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