Patna High Court
Subhash Chandra MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 34, 498A
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
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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
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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
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