Patna High Court
Kyamuddin @ KeyamuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, holding that the dowry demand allegation was general and omnibus and that bail could be granted under Section 482(2) of the CrPC.
Summary
The petitioner, Kyamuddin, was named in a complaint alleging offences under several IPC sections and the Dowry Prohibition Act, specifically for mental and physical cruelty and demanding dowry of Rs. 2 lakh and a motorcycle. The petitioner’s counsel argued that the dowry demand allegation was vague, general and omnibus, and that the complainant habitually files such complaints, noting a prior FIR. The opposing counsel contended that the complainant sought settlement but mediation failed. The court examined the nature of the allegations and, invoking Section 482(2) of the Code of Criminal Procedure, concluded that the petitioner's arrest was not justified at this stage. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail despite allegations under Sections 323, 307, 354(b), 498-A, 406/34 of the IPC and Section 3 of the Dowry Prohibition Act.
- Whether the dowry demand allegation is sufficiently specific or is a general and omnibus accusation warranting denial of bail.
- Whether Section 482(2) of the Code of Criminal Procedure permits the court to grant bail in the present circumstances.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 307, 323, 34, 354B, 406, 498A
Subjects
- bail
- dowry demand
- IPC
- Dowry Prohibition Act
- general and omnibus allegation
- Section 482 CrPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54966 of 2025
Arising Out of PS. Case No.-182 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Kyamuddin S/O Mohammad Hasan R/O Village-Tetari ,P.S.-Dhaka, District-
East Champaran ... ... Petitioner/s
Versus
1. The State of Bihar
2. Neshmat Tara W/O Kyamuddin, D/O Md. Husnain R/O Village-Tetari ,P.S.-
Dhaka, District-East Champaran ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 29-06-2026 Heard the parties.
2. The petitioner is named in the complaint petition
and apprehending his arrest in connection with Complaint Case
No. 182/2024 registered for the offences punishable under
Sections 323, 307, 354(B), 498-A and 406/34 of the IPC and
Section ¾ of the DP Act.
3. As per complaint, petitioner alleged to commit
mental and physical cruelty upon informant as raised for cash of
Rs. 2 lakh and one motorcycle.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that allegation qua demanding dowry as
alleged appears very much general and omnibus in nature
against this petitioner who is husband, which could be gathered
safely from the para-3 of the complaint petition. It is further
submitted that complainant is under habit to lodge such
Patna High Court CR. MISC. No.54966 of 2025(5) dt.29-06-2026
2/2
complaint as during the inquiry, it appears that another FIR was
lodged by complainant.
5. Learned APP duly assisted by learned counsel for
the informant, while opposing the prayer of bail submitted that
complainant is desirous to settle the issue with petitioner, but
fairly conceded that mediation failed between the parties.
6. In view of aforesaid factual submission and by
taking note of fact as allegation qua demanding dowry appears
very much general and omnibus against this petitioner,
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 SDJM Sikrahana
at Dhaka, East Champaran/concerned Court, where the case is
pending in connection with Complaint Case No. 182/2024,
subject to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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