Created by Fuzzy Cloud

Patna High Court

Saroj Kumar Roy @ Saroj Kumar @ Saroj Kumar Rai @ Saroj RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with specified conditions.

Summary

The petitioner, Saroj Kumar Roy, was named in a complaint alleging mental and physical cruelty under Section 498A of the IPC and Section 3 of the Dowry Prohibition Act for allegedly demanding Rs. 2 lakh as dowry. The petitioner sought anticipatory bail, arguing that the complaint was vague, omnibus, and unsupported by an affidavit, contrary to the precedent set in Priyanka Srivastava v. State of Uttar Pradesh. The State opposed the bail. No representative of the complainant appeared before the court. The High Court held that the complaint’s lack of specificity and absence of an affidavit warranted the grant of anticipatory bail, subject to surrender within four weeks, a bail bond of Rs.10,000, two sureties, and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS. Consequently, the petitioner was ordered to be released on bail pending further proceedings.

Issues considered

  • Whether anticipatory bail should be granted when the complaint alleging cruelty and dowry demand is vague and not supported by an affidavit
  • Whether the absence of the complainant’s appearance affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • mental cruelty
  • physical cruelty
  • dowry demand
  • Section 498A IPC
  • Dowry Prohibition Act
  • vague complaint
  • affidavit requirement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60294 of 2024
                  Arising Out of PS. Case No.-684 Year-2014 Thana- SAMASTIPUR COMPLAINT CASE
                                                   District- Samastipur
                 ======================================================
                 Saroj Kumar Roy @ Saroj Kumar @ Saroj Kumar Rai @ Saroj Rai S/o Nand
                 Kishore Rai Resident of Village Marui PS Patepur, District Vaishali At
                 Hajipur.                                            ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar.
           2.     Sonali Kumari W/o Saroj Kumar Roy @ Saroj Kumar @ Saroj Kumar Rai,
                  D/o Balram Rai R/o vill - Sarangpur, P.S. - Tajpur (Halai O.P.), Distt. -
                  Samastipur.
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Bhushan Prasad, Advocate
                                                  Ms. Rani Shashi Bharti, Advocate
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   03-02-2026                    Heard learned counsel for the petitioner and

                   learned APP for the State.

                             2.     The       accused-petitioner,         named       in   the

                   complaint, is apprehending his arrest in connection

                   with T.R. No. 657 of 2024 arising out of C.R. No. 684 of

                   2014 registered for the offences punishable under

                   Section 498A of the Indian Penal Code and Section ¾

                   of Dowry Prohibition Act.

                             3. The allegation against the petitioner is to

                   commit          mental       and    physical      cruelty     upon      the

                   complainant                alongwith           other          co-accused

                   persons/family members due to non-fulfillment of

                   demand of cash of Rs. 2 lacs as dowry.
Patna High Court CR. MISC. No.60294 of 2024(6) dt.03-02-2026
                                            2/3




                   4. Learned counsel appearing on behalf of the

          petitioner submitted that allegation as raised through

          complaint petition qua mental and physical cruelty is

          appearing very much general and omnibus in nature

          against the petitioner and, furthermore, the complaint

          in issue is not supported by affidavit, which is contrary

          to the settled position of law as available through

          Priyanka Srivastava Vs. State of Uttar Pradesh

          [2015         (6)    SCC      287].       Petitioner       claimed        clean

          antecedent.

                   5.     Learned        A.P.P.     opposed          the   prayer      of

          anticipatory bail.

                   6. On repeated calls, none appeared on behalf of

          the complainant to joint the present proceeding.

                   7. In view of aforesaid factual submission and by

          taking note of the fact as allegation qua committing

          mental and physical cruelty appears very much

          general        and     omnibus          against        petitioner,    where

          complaint also not supported by affidavit accordingly,

          above-named             petitioner,        in        the   event     of     his

          arrest/surrender within a period of four weeks from this

          order, is directed to be enlarged on bail on furnishing

          of bail bond of Rs.10,000/- (ten thousand only) with

          two sureties of the like amount each to the satisfaction
              Patna High Court CR. MISC. No.60294 of 2024(6) dt.03-02-2026
                                                          3/3




                        of learned Additional District and Sessions Judge-VII,

                        Samastipur/concerned court in connection with T.R. No.

                        657 of 2024 arising out of C.R. No. 684 of 2014,

                        subject to the conditions as laid down under Section

                        438(2) of the Cr.P.C/Section 482(2) of the Bhartiya

                        Nagarik Suraksha Sanhita (in short “B.N.S.S.”).



                                              (Chandra Shekhar Jha, J)
veena/-

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.