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Patna High Court

Rajesh Kumar @ Mantu Singh @ Shubham KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail, subject to a bond and conditions, as the allegations are vague and the petitioner has a clean antecedent.

Summary

The petitioners, Rajesh Kumar and co‑accused, were named in a complaint (Case No. 255(C) of 2020) alleging offences under Section 498A of the IPC for alleged mental and physical cruelty linked to a dowry demand. The petitioner contended that no dowry was demanded and that the allegation was fabricated over a request for monetary assistance to purchase land. The State opposed the bail application, arguing the seriousness of the alleged offence. The court observed that the allegations were vague and omnibus, and noted the petitioner’s clean antecedent. Consequently, the court ordered the petitioner’s release on bail, subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to bail in a complaint case under Section 498A IPC given the nature of the allegations.

Legislation cited

Subjects

  • bail
  • Section 498A
  • dowry harassment
  • mental cruelty
  • physical cruelty
  • criminal miscellaneous proceeding
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59291 of 2024
                  Arising Out of PS. Case No.-255 Year-2020 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Rajesh Kumar @ Mantu Singh @ Shubham Kumar son of Sri Jay Kishor
                 Singh @ Sri Kishor Singh Village- Painapur Po- Vazirpur Ps- Bikram Dist-
                 patna
                                                                         ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Sonam Kumari W/o- Rajesh Kr. @ Mantu Singh, D/o- Late Chauva Yadav
                  @ Suresh Yadav R/o- Ram Charan Chhatani Ps- Naubatpur Dist- Patna
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Braj Bhushan Mishra
                 For the Opposite Party/s :      Mr.Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
3   03-02-2026                    Heard the parties.

                                2. The petitioner is named in the Complaint case

                   and apprehending his arrest in connection with Complaint

                   Case No. 255(C) of 2020 registered for the offences

                   punishable under Sections 498A of IPC.

                                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.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that there is no demand of dowry

                   and as some monetary help was asked for purchasing land

                   the present false allegation was raised against petitioner
            Patna High Court CR. MISC. No.59291 of 2024(3) dt.03-02-2026
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                      with very general and omnibus allegation for committing

                      mental and physical cruelty. While concluding arguments, it

                      is submitted that petitioner claimed clean antecedent.

                                   5. Learned APP opposes the prayer of bail.

                                   6.In view of aforesaid factual submission and by

                      taking note of fact as allegation qua committing mental and

                      physical cruelty appearing very much general and omnibus

                      against 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 J.M. 1st Class, Danapur, Patna

                      /concerned Court, where the case is pending in connection

                      with Complaint Case No. 255(C) of 2020, subject to the

                      conditions as laid down under Section 482(2) of BNSS.



                                                        (Chandra Shekhar Jha, J)
Sudha/-
U       T


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