Patna High Court
Dadan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner subject to a bond, sureties and conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
Dadan Singh, the petitioner, was named in a 2020 complaint (No. 2268(C)) alleging offences under IPC sections 498A, 323, 341, 506 and Section 3 of the Dowry Prohibition Act, primarily for alleged mental and physical cruelty linked to a cash demand for land purchase. The petitioner had previously faced a similar FIR (Case No. 941/2021) and was granted bail under Section 41A of the CrPC. No opposition was filed against his anticipatory bail application, and the court noted the complainant's habit of repeatedly lodging similar cases. Considering the general and omnibus nature of the cruelty allegations and the lack of opposition, the court ordered anticipatory bail, requiring a bond of Rs.10,000 with two sureties and subject to conditions under Section 438(2) CrPC and Section 482(2) of the BNSS. The bail is to be surrendered within four weeks if the petitioner is arrested or surrenders.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the complaint case pending under Sections 498A, 323, 341, 506 IPC and Section 3 Dowry Prohibition Act.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 41A, 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 341, 498A, 506
Subjects
- anticipatory bail
- criminal complaint
- IPC
- dowry prohibition
- mental cruelty
- physical cruelty
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53124 of 2024
Arising Out of PS. Case No.-2268 Year-2020 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Dadan Singh, son of Late Ram Bachan Singh, Village- Uttardahan, P.O. and
P.S. - Manudihari, District - Bhojpur At P/A- H/O- Rakesh Yadav, Punaichak,
Ps- Shastrinagar, Dist- Patna
... ... Petitioner
Versus
1. The State of Bihar
2. Lovely Kumari, Wife of Dadan Singh, Village- RMS Colony, PS -
Kankarbagh, Dist- Patna
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Samrendra Jha, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 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 Complaint Case
No. 2268(C) of 2020 registered for the offences punishable
under Sections 498A, 323, 341, 506 of the Indian Penal Code
and Section ¾ of the Dowry Prohibition Act.
3. As per complaint, petitioner alleged to commit
mental and physical cruelty upon the complainant/O.P. No.2
due to non-payment of cash as demanded to purchase a piece
of land particularly when he got government services in Bihar
Patna High Court CR. MISC. No.53124 of 2024(4) dt.02-02-2026
2/3
Vidhan Sabha.
4. It is submitted that present complaint was lodged in
the year 2020, where after inquiry, cognizance, vide order
dated 09.08.2023, was taken. It is submitted that when this
matter was pending for inquiry, to harass the petitioner,
complainant further lodged one FIR almost with same
allegation which was registered as Kankarbagh P.S. Case No.
941/2021, where petitioner was given benefit of section 41A
of Cr.P.C., and, subsequently, upon surrender he was granted
bail by learned trial court itself.
5. It is submitted that even the allegation is not
available qua demand of dowry rather some cash was
demanded to purchase a piece of land. It is also submitted
that allegation of committing mental and physical cruelty is
appearing very much general and omnibus in nature against
the petitioner.
6. Upon repeated call, none appeared on behalf of the
complainant/O.P. No.2 to oppose the anticipatory bail of the
petitioner.
7. In view of the aforesaid factual submissions and by
Patna High Court CR. MISC. No.53124 of 2024(4) dt.02-02-2026
3/3
taking note of the fact as complainant/O.P. No.2 is under
habit to lodge criminal case against the petitioner with similar
set of allegation, where in police case he was granted bail by
the learned trial court itself, coupled with the fact that
allegation qua committing mental and physical cruelty against
the complainant/O.P. No.2 is appearing very much general
and omnibus in nature, 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 S.D.J.M., Patna/concerned court in connection with
Complaint Case No. 2268(C) of 2020, 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
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