Patna High Court
Nitesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding the prima facie case insufficient and the procedural defect of missing affidavit fatal to the complaint.
Summary
Petitioner Nitesh Kumar Singh was named in a complaint (No.824/2023) alleging dowry harassment, mental and physical cruelty, and assault leading to a miscarriage, invoking IPC sections 498A, 406, 313, 323, 325 and Section 4 of the Dowry Prohibition Act. The trial court took cognizance only of 498A and the Dowry Act and denied bail, citing lack of a supporting affidavit and the failure of mediation between the parties. The petitioner argued that the allegations were vague, the complainant was short‑tempered, and that the complaint did not satisfy Section 175(3) of the Bihar Negotiable Settlement Act, relying on the Supreme Court decision in Priyanka Srivastava v. State of Uttar Pradesh. The court held that the prima facie case was weak, the absence of an affidavit rendered the complaint defective, and the inability to mediate could not justify bail denial. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under IPC and the Dowry Prohibition Act.
- Whether the lack of a supporting affidavit under Section 175(3) of the BNSS defeats the complaint.
- Whether the failure of mediation can be a ground to deny bail.
Legislation cited
- Bihar Negotiable Settlement Act — s. 175, 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 313, 323, 325, 406, 498A
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- anticipatory bail
- Section 498A
- Dowry Prohibition Act
- mediation
- affidavit requirement
- general allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38002 of 2026
Arising Out of PS. Case No.-824 Year-2023 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
Nitesh Kumar Singh Son of Rambabu Singh Resident of Employer Door No.
K- 68, Sundia Housing Estate, Near Goal Ghar Quarter, Near KRCC Ground,
P.S.- Jagatdal, District - Uttar 24 Pargana, West Bengal
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pallavi Kumari Wife of Nitesh Kumar Singh Resident of Employer Door
No. K- 68, Sundia Housing Estate, Near Goal Ghar Quarter, Near KRCC
Ground, P.S.- Jagatdal, District - Uttar 24 Pargana, West Bengal. At Present
Residing at D/o- Vinay Kumar, Vill.- Ledha, P.S.- Nemdarganj, District -
Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Balwant Kumar
For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-06-2026 Heard the parties.
2 The defect(s) as pointed out by the office be
ignored for the present.
3. The petitioner is named in the Complaint
Case and apprehending his arrest in connection with
Complaint Case No. 824 of 2023 registered for the
offences punishable under Sections 498A, 406, 313,
323, 325 of IPC and ¾ of DP Act.
4. The allegation against petitioner who is the
Patna High Court CR. MISC. No.38002 of 2026(2) dt.09-06-2026
2/4
husband is to commit mental and physical cruelty upon
complainant/ OP No. 2 due to non fulfillment of demand
of dowry as raised for cash of Rs. 15 lakh and also for
one four wheeler vehicle. The complainant also alleged
that petitioner assaulted her physically due to which her
six weeks pregnancy was terminated.
5. It is submitted by learned counsel appearing
on behalf of the petitioner that complainant herself is a
short tempered lady and out of family quarrels, she
implicated entire family including the petitioner, who is
the husband. It is submitted that the allegation of
miscarriage and physical assault was not believed by the
learned trial court, therefore cognizance was taken only
for the offences punishable under Section 498A and
Section 4 of D.P. Act. It is also pointed out that even
said allegation be not accepted as correct for the reason
that complaint petition is not supported by the affidavit
which is contrary to the provisions available under
Section 175 clause 3 of the BNSS. In support of his
Patna High Court CR. MISC. No.38002 of 2026(2) dt.09-06-2026
3/4
submission learned counsel also relied upon the legal
report of Hon’ble Supreme Court as available through
Priyanka Srivastava Vs. State of Uttar Pradesh
[2015 (6) SCC 287].
6. It is further argued by learned counsel that
the allegation of mental and physical cruelty is very
much general and omnibus in nature against the
petitioner and learned trial court rejected the bail for the
simple reason that the mediation between the parties
could not arrived. It is pointed out that the failure of
mediation cannot be the ground for rejection of bail.
Petitioner claimed clean antecedent.
7. Learned APP opposes the prayer of bail.
8. In view of aforesaid factual and legal
submission and by taking note of fact as the complaint,
in issue, prima-facie not appears supported on affidavit
coupled with the fact that the anticipatory bail prayer of
the petitioner was rejected by learned trial court only for
the reason that the mediation could not arrived between
Patna High Court CR. MISC. No.38002 of 2026(2) dt.09-06-2026
4/4
the parties as both parties are adamant to their issues
which certainly cannot be ground for the rejection of the
prayer of bail, coupled with the fact that the allegation
qua mental and physical cruelty is appearing very much
general and omnibus, accordingly petitioner 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 CJM,
Nawada /concerned Court, where the case is pending in
connection with Complaint Case No. 824 of 2023,
subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.