Patna High Court
Ashwani KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that due to the vague nature of the cruelty allegation and the unexplained delay in filing the FIR, bail should be granted to the petitioner.
Summary
Ashwani Kumar was arrested in connection with a dowry‑related cruelty case under the Bhartiya Nyaya Sanhita, 2023 (Sec. 85 read with 3(5)) and the Dowry Prohibition Act (Secs. 3 and 4). The FIR alleged that he demanded Rs.1 lakh and a motorcycle, and that the complainant was ousted from the matrimonial home, but the FIR was filed 2½ years after the alleged incident without any explanation for the delay. The petitioner sought bail, arguing that the allegations were vague and the delay was unreasonable. The State opposed bail, while the informant’s counsel reiterated the cruelty allegation. The court noted the general and omnibus nature of the accusation and the inordinate delay in filing the FIR, and consequently ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under CrPC Sec. 438(2) and BNSS Sec. 482(2).
Issues considered
- Whether the petitioner is entitled to bail despite allegations of cruelty and dowry demand.
- Whether the 2½‑year delay in lodging the FIR warrants bail.
- Whether the general and omnibus nature of the allegations affects the bail decision.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 3(5), 85
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry prohibition
- cruelty
- delay in FIR
- general allegation
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38738 of 2025
Arising Out of PS. Case No.-24 Year-2025 Thana- HALAI District- Samastipur
======================================================
Ashwani Kumar, S/o Late Rajendra Ray, R/o Village-Balahiya, P.S.-Piyar,
Distt.- Muzaffarpur.
... ... Petitioner
Versus
1. The State of Bihar
2. Krishtina Kumari Ray, W/o Ashwani Kumar, D/o Bishandev Ray R/o
Village- Banveera, P.S.- Halai, Distt.- Samastipur.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Raja Ram Mishra, Advocate
For the State : Mr. Arun Kumar Singh, APP
For the Informant/O.P. No.2: Mr. Mahendra Pratap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State duly
assisted by learned counsel appearing for the informant/O.P.
No.2.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Halai P.S. Case
No.24 of 2025 registered under Sections 85 read with 3(5)
of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) as
well as Sections 3 and 4 of the Dowry Prohibition Act.
3. As per FIR, the petitioner has been alleged to
commit cruelty upon informant/O.P. No.2 due to non-
Patna High Court CR. MISC. No.38738 of 2025(3) dt.21-01-2026
2/3
fulfilment of demand of dowry as raised for cash of Rs.1 lakh
and one motorcycle.
4. It is submitted by learned counsel appearing for
petitioner that the allegation as raised against petitioner is of
very general and omnibus in nature. It is also pointed out that
even as per FIR, the informant/O.P. No.2 claimed that she
was ousted from her matrimonial home in the month of June,
2023 but, the FIR in issue was lodged only on 16.02.2025
after more than two and half years. In this connection, it is
submitted that there is no explanation dealing with such
inordinate delay. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. Mr. Mahendra Pratap, learned counsel appearing
for informant/O.P. No.2 while opposing the prayer of bail
submitted that petitioner being husband specifically alleged to
commit cruelty against informant/O.P. No.2.
7. Let it be so, in view of general and omnibus
allegation qua cruelty, coupled with the fact that FIR in issue
was lodged with inordinate delay of two and half years
without supplying any just explanation, accordingly, the
Patna High Court CR. MISC. No.38738 of 2025(3) dt.21-01-2026
3/3
petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, 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, Samastipur in connection with Halai P.S.
Case No.24 of 2025, 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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