Patna High Court
Md SonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Where the allegations of dowry demand and assault are general and omnibus and the injuries are simple, the husband/petitioner is entitled to anticipatory bail.
Summary
The petitioner, Md Sonu, husband of the informant, sought bail apprehending arrest in Mojahidpur (Babarganj) P.S. Case No. 322 of 2023 registered under Sections 341, 323, 308, 504, 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act. The FIR alleged that the petitioner and other family members demanded dowry and that on 20.09.2023 the informant was badly assaulted at her matrimonial home. The petitioner's counsel argued that the dowry demand allegation was general and omnibus, the informant did not specify who assaulted her, the injuries were self-inflicted and simple, and thus no offence under Section 308 IPC was made out; he also claimed clean antecedents. The State opposed bail, submitting that the petitioner, being the husband, actively participated in the occurrence. The High Court noted that the allegations regarding dowry demand and physical assault were general and omnibus in nature. It directed that if the petitioner is arrested or surrenders before the court below within four weeks, he be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail when the allegations of dowry demand and physical assault are general and omnibus in nature?
- Whether the alleged assault and simple injuries attract the offence under Section 308 of the Indian Penal Code?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 308, 323, 341, 498A, 504
Subjects
- Anticipatory Bail
- Dowry Demand
- Matrimonial Cruelty
- Section 498A IPC
- Section 308 IPC
- General and Omnibus Allegations
- Simple Injuries
- Bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36440 of 2025
Arising Out of PS. Case No.-322 Year-2023 Thana- MOUZAHIDPUR District- Bhagalpur
======================================================
Md Sonu S/o Minaj Alam R/o Village- Bandhu Modi Lane, Mugalpura
Hussainabad, P.S.- Babarganj, Dist- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tanu Khan W/O- Md. Sonu, D/O- Md. Ekram, R/O- Takkichak, Habibpur,
P.O. and P.S.- Habibpur, District- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyam Kishor Das
For the Opposite Party/s : Mr.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 22-01-2026 Heard the parties.
2.The petitioner is named in the F.I.R.
and apprehending his arrest in connection with
Mojahidpur (Babarganj) P.S. Case No. 322 of
2023 registered for the offences punishable
under Sections 341, 323, 308, 504, 498A of IPC
and Section 3,4 of DP Act.
3. As per FIR, petitioner alongwith other
family members raised demand of dowry and
on 20.09.2023 the informant was badly
assaulted in her matrimonial home.
4. It is submitted by learned counsel
Patna High Court CR. MISC. No.36440 of 2025(3) dt.22-01-2026
2/3
appearing on behalf of the petitioner that the
allegation qua demand of dowry is appearing
very much general and omnibus in nature and
moreover the informant is silent that who on
20.09.2023 assaulted her. It is submitted that in
fact she caused self inflicted injuries which
upon medical examination found simple in
nature and as such it cannot be said that is was
an attempt to commit culpable homicide. While
concluding arguments, it is submitted that
petitioner claimed clean antecedent.
5. Learned APP duly assisted by learned
counsel for the informant while opposing the
prayer of bail submitted that petitioner being
husband actively participated in the occurrence
which alleged to be committed upon informant.
6. In view of aforesaid factual
submission and by taking note of fact as
allegation qua demand of dowry and also
physical assault appears very much general
and omnibus in nature, accordingly petitioner
Patna High Court CR. MISC. No.36440 of 2025(3) dt.22-01-2026
3/3
above-named, in the event of his arrest or
surrender before the court below 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 JM 1st Class, Bhagalpur /concerned
Court, where the case is pending in connection
with Mojahidpur (Babarganj) P.S. Case No. 322
of 2023, subject to the conditions as laid down
under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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