Patna High Court
Rajesh Kumar @ Mantu Singh @ Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 482(2)
- Indian Penal Code — s. 498A
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
2/2
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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