Patna High Court
Nagendra Kumar Singh @ Manoj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Nagendra Kumar Singh, was named in an FIR for alleged mental and physical cruelty and dowry harassment under Sections 498-A, 379, 323, 341, 504, 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, with a demand of Rs.10 lakh. The petitioner argued that the allegations were unconvincing after 12 years of marriage and were general and omnibus in nature, asserting a clean antecedent. The prosecution contended that the petitioner had failed to comply with a family court maintenance order, though an execution proceeding was pending. The court examined whether the allegations justified denial of bail and considered the applicability of bail provisions. It directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether the allegations of mental and physical cruelty and dowry demand constitute sufficient ground to deny bail
- Whether the allegations are too general and omnibus to justify detention
- Whether bail can be granted under Section 438(2) of the CrPC and Section 482(2) of the BNSS
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 341, 379, 498-A, 504, 506
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- IPC
- Dowry Prohibition Act
- CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36827 of 2024
Arising Out of PS. Case No.-474 Year-2023 Thana- NAVINAGAR District- Aurangabad
======================================================
Nagendra Kumar Singh @ Manoj Singh, S/o Sri Bhola Singh, R/o Village-
Chandragrah, P.S.- Nabinagar, Dist- Aurangabad (Bihar)
... ... Petitioner
Versus
1. The State of Bihar
2. Arti Singh, D/o Sri Bangali Prasad Singh, at present R/o - Village- Sarawak,
P.S.- Kasma, Dist- Aurangabad (Bihar)
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
For the O.P. No.2 : Mr. Amit Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 29-01-2026 Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for the
State duly assisted by learned counsel appearing
for the informant.
2. The accused/petitioner is named in the
FIR, which is based upon Complaint Case No.1110
of 2023 as filed before Chief Judicial Magistrate,
Aurangabad (Bihar) and apprehending his arrest in
connection with Nabinagar P.S. Case No.474 of
2023 registered under Sections 498-A, 379, 323,
341, 504, 506 of the Indian Penal Code as well as
Sections 3 and 4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.36827 of 2024(4) dt.29-01-2026
2/3
3. Allegation against petitioner is to
commit mental and physical cruelty along with
other family members upon informant/O.P. No.2
due to non-fulfilment of demand of dowry as raised
for cash of Rs.10 lakhs.
4. It is submitted by learned counsel
appearing for petitioner that after passing of 12
years of marriage raising this type of allegation
qua demand of dowry not appears convincing. It is
submitted that out of temperamental issues, the
complainant/O.P. No.2 lodged this case against
petitioner just with harassing attitude, where
allegation qua physical and mental cruelty and
demand of dowry appears very much general and
omnibus in nature. The petitioner claimed clean
antecedent.
5. Learned APP duly assisted by Mr. Amit
Anand, learned counsel appearing for the
complainant/O.P. No.2 submitted that the petitioner
intentionally forced the complainant and her two
childrens to live their life in destitution, as despite
of maintenance order of learned Family Court,
Patna High Court CR. MISC. No.36827 of 2024(4) dt.29-01-2026
3/3
Aurangabad, the petitioner is not paying anything
for their maintenance. However, he fairly
conceded that an execution proceeding for order of
family court is pending before the court.
6. Let it be so, as allegation qua mental
and physical cruelty qua demand of dowry appears
very much general and omnibus in nature,
accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below
within a period of four weeks, is directed to be
released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction
of the learned A.C.J.M.-I, Aurangabad in connection
with Nabinagar P.S. Case No.474 of 2023, subject
to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure (in short
‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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