Patna High Court
RABINDRA YADAV @ RABINDRA KUMAR YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations of physical and mental cruelty were vague and general, warranting the grant of bail.
Summary
Rabindra Yadav was named in an FIR for alleged physical and mental cruelty under Sections 498-A, 341, 504, 506, 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, stemming from a demand for Rs.2 lakh and a Bolero vehicle. The petitioner argued that the cruelty allegations were vague, that the informant suffered from mental illness, and that false cases were being filed by her parents. No representative of the informant appeared in court. The Additional Public Prosecutor opposed bail. The court found the allegations to be general and omnibus, and consequently ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- Whether the allegations of physical and mental cruelty under the cited statutes are sufficiently specific to deny bail
- Whether bail can be granted under CrPC Section 438(2) and BNSS Section 482(2) in a case involving dowry‑related offences
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 341, 498-A, 504, 506
Subjects
- dowry harassment
- Section 498-A
- bail
- physical and mental cruelty
- Criminal Procedure Code
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59994 of 2024
Arising Out of PS. Case No.-95 Year-2023 Thana- MAHILA PS District- Jamui
======================================================
Rabindra Yadav @ Rabindra Kumar Yadav, Son of Shankar Yadav, Resident
of Village - Barajor, P.S. - Jhajha, District – Jamui.
... ... Petitioner
Versus
1. The State of Bihar.
2. Priyanka Kumari, Wife of Rabindra Yadav, Resident of Village and Post -
Barajor, P.S. - Jhajha, District – Jamui.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Prakash, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 03-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Jamui Mahila P.S.
Case No.95 of 2023 registered under Sections 498-A, 341,
504, 506 read with 34 of the Indian Penal Code as well as
Sections 3 and 4 of the Dowry Prohibition Act.
3. Allegation against petitioner is to commit physical
and mental cruelty upon informant due to non-fulfilment of
demand of dowry as raised for cash of Rs.2 lakhs and a
Bolero vehicle.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.59994 of 2024(5) dt.03-02-2026
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petitioner that the allegation qua physical and mental cruelty
against petitioner is appearing very much general and
omnibus in nature and as the informant herself suffering from
mental illness, she left her matrimonial home for her parental
home. It is submitted that several false cases were lodged by
parents of the informant against petitioner and his family
members.
5. Learned APP opposed the prayer of bail.
6. None appeared on behalf of the informant as to
join the present proceeding.
7. In view of aforesaid factual submissions and by
taking note of fact as allegation qua physical and mental
cruelty appears very much general and omnibus in nature as
per FIR, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released on
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M. Jamui in connection with
Jamui Mahila P.S. Case No.95 of 2023, subject to the
Patna High Court CR. MISC. No.59994 of 2024(5) dt.03-02-2026
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conditions as laid down under Section 438(2) of the Code of
Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short
‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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