Created by Fuzzy Cloud

Patna High Court

RABINDRA YADAV @ RABINDRA KUMAR YADAVversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.