Patna High Court
Saroj Kumar Roy @ Saroj Kumar @ Saroj Kumar Rai @ Saroj RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
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
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