Patna High Court
Satish Kumar @ Satish YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail, finding the FIR vague and delayed, and ordered release on bond with conditions.
Summary
Satish Kumar (Satish Yadav) was named in an FIR for alleged mental and physical cruelty under Sections 498‑A/34 of the IPC and Section 3 of the Dowry Prohibition Act, stemming from a dowry demand for land and a car. The FIR was lodged 15 days after the alleged incident, and the petitioner’s counsel argued that the complaint was vague, the informant had left the matrimonial home, and the petitioner had a clean antecedent. The State and the informant’s counsel contended that the petitioner and his family had indeed inflicted cruelty. The High Court observed that the allegations were general and the FIR was delayed, and consequently granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) of the BNSS. The bail order effectively disposed of the petition.
Issues considered
- Whether the allegations in the FIR constitute a cognizable offence warranting denial of bail
- Whether the delay of 15 days in filing the FIR affects the grant of bail
- Whether the general and omnibus nature of the complaint justifies bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 34, 498-A
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- Section 498A
- FIR delay
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59338 of 2024
Arising Out of PS. Case No.-169 Year-2023 Thana- GURUA District- Gaya
======================================================
Satish Kumar @ Satish Yadav Son of Shivnandan Yadav Resident of Village -
Rajan, P.S. - Gurua, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Fula Kumari Wife of Satish Yadav Resident of Village - Rajan, P.S. - Gurua,
District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Adv
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 04-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Gurua P.S. Case
No. 169 of 2023 registered for the offences punishable under
Sections 498-A/34 of the Indian Penal Code and Section ¾ of
the D.P. Act.
3. The allegation against the petitioner is to commit
mental and physical cruelty upon informant due to non-
fulfillment of demand of dowry as raised for one katha land
and one car.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that allegation against petitioner which
Patna High Court CR. MISC. No.59338 of 2024(5) dt.04-02-2026
2/3
can be gathered from the facial perusal of FIR itself, appears
very much general and omnibus in nature. It is submitted that
in-fact informant herself left her matrimonial home. It is
pointed out that as per FIR last occurrence took place on
17.03.2023 for which informant lodged present FIR on
02.04.2023, with delay of 15 days, for which no explanation
was supplied by the informant. While concluding argument, it
is submitted that petitioner is a man of clean antecedent.
5. Learned APP duly assisted by learned counsel for
the informant while opposing the prayer of bail submitted that
petitioner being husband and other family members
committed mental and physical cruelty upon informant.
6. In view of aforesaid factual submission and by
taking note of fact as allegation qua physical and mental
cruelty appears very much general and omnibus in nature and
FIR in issue also appears lodged with delay of 15 days,
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
Patna High Court CR. MISC. No.59338 of 2024(5) dt.04-02-2026
3/3
the like amount each to the satisfaction of the learned J.M. 1 st
Class, Sherghati, Gaya/concerned Court, where the case is
pending in connection with Gurua P.S. Case No. 169 of 2023,
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
Checking your session…