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Patna High Court

Md SonuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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