PRAKASH CHANDRAversusTHE STATE OF BIHAR

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48629 of 2024
                  Arising Out of PS. Case No.-2120 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Prakash Chandra, S/O Ram Naresh Sahni, R/O Village- Khaira, P.S- Pusa,
                 Distt.- Samastipur.
                                                                       ... ... Petitioner
                                               Versus
           1.     The State of Bihar
           2.     Sadhna Kumari W/O Prakash Chandra, D/O Ramdev Sahni R/O Village-
                  Rampur Bishun, P.S- Warisnagar, Distt.- Samastipur.
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Bijay Bhushan Prasad, Advocate
                                               Ms.Rani Shashi Bharti, Advocate
                 For the Opposite Party/s :    Mr.Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   02-02-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the complaint, is

                   apprehending his arrest in connection with T.R. No. 2754 of

                   2024 arising out of C.R. No. 2120 of 2023 registered for the

                   offences punishable under Sections 498A of the Indian Penal

                   Code.

                             3. The allegation against the petitioner is to commit

                   mental and physical cruelty upon the complainant/O.P. No.2

                   and finally on 17.10.2023, after retaining all belongings of

                   complainant, she was forcefully ousted from her matrimonial
Patna High Court CR. MISC. No.48629 of 2024(5) dt.02-02-2026
                                            2/3




          home alongwith her newly born male child.

                   4. Learned counsel appearing on behalf of the

          petitioner submitted that allegation as raised through

          complaint petition qua mental and physical cruelty is

          appearing very much general and omnibus in nature against

          the petitioner. It is submitted that for the occurrence dated

          17.10.2023, as a matter of an afterthought, the present

          complaint was lodged on 30.10.2023 with a delay of 13 days

          without having any just explanation and, furthermore, the

          complaint in issue is not supported by affidavit, which is

          contrary to the settled position of law as available through

          Priyanka Srivastava Vs. State of Uttar Pradesh [2015

          (6) SCC 287]. Petitioner claimed clean antecedent.

                   5. Learned A.P.P. for the State duly assisted by Mr.

          Ajay Kumar, learned counsel appearing for the complainant,

          while opposing the prayer for anticipatory bail of the

          petitioner, submitted that petitioner is a short tampered

          person and he is in extra-marital affairs, but learned counsel

          fairly conceded that allegation of extra-marital affairs of the

          petitioner is not available through present complaint petition.
           Patna High Court CR. MISC. No.48629 of 2024(5) dt.02-02-2026
                                                       3/3




                              6. In view of aforesaid factual submission and by

                     taking note of the fact as allegation qua committing mental

                     and physical cruelty appears very much general and omnibus

                     against petitioner, where complaint also not supported by

                     affidavit which appears to be lodged after 13 days of the

                     alleged occurrence, accordingly, above-named petitioner, in

                     the event of his arrest/surrender within a period of four weeks

                     from this order, is directed to be enlarged on bail on

                     furnishing of bail bond of Rs.10,000/- (ten thousand only)

                     with two sureties of the like amount each to the satisfaction of

                     learned      Sub-Divisional        Judicial     Magistrate,   Samastipur

                     /concerned court in connection with T.R. No. 2754 of 2024

                     arising out of C.R. No. 2120 of 2023, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha

                     Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T