Created by Fuzzy Cloud

Patna High Court

Subhash Chandra MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the allegations were prima facie general and omnibus, warranting the grant of bail to the petitioner.

Summary

Subhash Chandra Mishra was named in a 2022 complaint alleging mental and physical cruelty and dowry demands under Sections 323, 498A and 34 of the IPC, arising from a marriage that took place in 2010. The petitioner argued that the allegations were vague, general and filed twelve years after the marriage, and that he had a clean antecedent. The court noted that notice was served to the complainant's mother but the complainant did not appear. Finding the allegations prima facie insufficient and overly omnibus, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order effectively disposed of the petition.

Issues considered

  • Whether the allegations of mental and physical cruelty and dowry demand are sufficient to justify the petitioner’s arrest.
  • Whether bail should be granted in view of the nature of the allegations.
  • Whether the service of notice to the complainant’s mother satisfies procedural requirements.

Legislation cited

Subjects

  • dowry harassment
  • mental cruelty
  • physical cruelty
  • bail
  • IPC
  • CrPC
  • Bhartiya Nagarik Suraksha Sanhita
  • general allegations
  • omnibus

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58520 of 2024
                  Arising Out of PS. Case No.-802 Year-2022 Thana- MADHUBANI COMPLAINT CASE
                                                   District- Madhubani
                 ======================================================
              Subhash Chandra Mishra son of Arun Mishra Village Po- Bijai Ps-
              Pandaul Dist- Madhubani
                                                              ... ... Petitioner
                                         Versus
           1. The State of Bihar
           2.    Bhargavi Kumari wife of Subhash Chandra Mishra Village Po- Bijai
                 Ps- Pandaul Dist- Madhubani, P/A- Near 13 No. Railway Gumti
                 Mithila Navjeevan Ashpatal Krishna Puri Colony Ps- Rajnagar Dist-
                 Madhubani
                                                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Ratnakar Jha, Advocate
                 For the Opposite Party/s :   Mr.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   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 CR Case No. 802

                   of 2022 registered for the offences punishable under Sections

                   323, 498A/34 of the Indian Penal Code.

                             3. As per complaint, petitioner alleged to commit

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

                   due to non-fulfillment of demand of dowry as raised for one

                   Motorcycle, golden chain and cash of Rs. One Lakh.

                             4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.58520 of 2024(3) dt.02-02-2026
                                            2/3




          petitioner submitted that allegation of demand of dowry and

          and also committing mental and physical cruelty upon the

          complainant/O.P. No. 2 is appearing very much general and

          omnibus against the petitioner which was raised after twelve

          years of marriage as the complaint in issue was filed in the

          year 2022, whereas marriage between the complainant/O.P.

          No. 2 and petitioner was solemnized in the year 2010.

          petitioner claimed clean antecedent.

                   5. Notice, as issued by this Court, received by the

          mother of complainant/O.P. No. 2 with whom she was

          residing. Accordingly, the same was validly served upon her

                   6. Despite service of notice, none appears on behalf of

          the complainant/O.P. No. 2.

                   7. Learned A.P.P. for the State is present.

                   8. In view of the aforesaid factual submissions and by

          taking note of the fact as allegation qua mental and physical

          cruelty prima facie appears very much general and omnibus

          against the petitioner, where petitioner is a man of clean

          antecedent, accordingly, above-named petitioner, in the event

          of his arrest/surrender within a period of four weeks from this
           Patna High Court CR. MISC. No.58520 of 2024(3) dt.02-02-2026
                                                       3/3




                     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, Madhubani/concerned court in

                     connection with C.R. No. 802 of 2022, 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.