Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were general and omnibus, and therefore bail was warranted.
Summary
Chandan Kumar was named in an FIR for offences under Sections 498A, 341, 323, 506, 34 of the IPC and the Dowry Prohibition Act, alleged to have subjected his wife to mental and physical cruelty for not paying a dowry demand of Rs. 20 lakh. The petitioner argued that the allegations were vague, that a family court case on maintenance was pending, and that he was already paying Rs. 18,000 as interim maintenance. The State contended that the petitioner had forced his wife and child into destitution and was not complying with the family court order. The court examined the prima facie nature of the allegations and found them to be general and omnibus, concluding that bail could be granted. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the prima facie case under Sections 498A, 341, 323, 506, 34 IPC and the Dowry Prohibition Act is sufficient to deny bail.
- Whether the pending family court maintenance proceedings affect the bail application.
- Whether the allegations of mental and physical cruelty are specific enough to justify denial of bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 498A, 506
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- maintenance
- family court
- IPC
- Section 498A
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59051 of 2024
Arising Out of PS. Case No.-58 Year-2022 Thana- MAHILA P.S. District- Nalanda
======================================================
Chandan Kumar S/o- Suresh Prasad Village- Halimpur, P. S. - Nayaramnagar,
District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Narsingh Tanti, Adv.
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 02-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Mahila P.S. Case
No. 58 of 2022 registered for the offences punishable under
Sections 498A, 341, 323, 506, 34 of IPC and Section ¾ DP
Act.
3. The allegation against petitioner is to commit
mental and physical cruelty upon informant/ O.P. No. 2 due to
non-fulfillment of demand of dowry as raised for cash of Rs.
20 lakh.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that in fact out of temperamental
issues, the informant/ O.P. No. 2, is not willing to continue
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her marital relation with petitioner. It is submitted that for
maintenance issue the matter is pending before learned
family court, where as interim measure the petitioner is
regularly paying Rs. 18,000/- as maintenance. It is also
submitted that the petitioner is facing general and omnibus
allegation qua committing mental and physical cruelty and the
amount which alleged to be paid to this petitioner was in
actually paid to his elder brother out of professional
relationship between him and the father of the informant.
While concluding argument, it is submitted that petitioner
claimed clean antecedent.
5 Learned APP duly assisted by learned counsel for
the informant while opposing the prayer of bail submitted that
the allegation is specific against this petitioner being husband
and he forced informant and her child to live in destitution as
he is not even paying maintenance to them, in terms of
learned family court order.
6. Taking note of aforesaid submission, learned
counsel for the petitioner submitted that if it is so as the
matter is pending before the learned family court, the
Patna High Court CR. MISC. No.59051 of 2024(4) dt.02-02-2026
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informant/ O.P. No. 2 may approach there by filing
appropriate petition/ execution, if so advised.
7. In view of aforesaid factual submission and by
taking note of fact as prima-facie allegation qua committing
mental and physical cruelty against petitioner appearing very
general and omnibus in nature, 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, Nalanda at Biharsharif
/concerned Court, where the case is pending in connection
with Mahila P.S. Case No. 58 of 2022, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C/
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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