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Patna High Court

Pramod MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail, finding the complaint vague, unsupported by an affidavit, and therefore not sufficient to justify arrest.

Summary

The petitioner, Pramod Mahto, was charged under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act for alleged mental and physical cruelty and dowry demands. The complaint was filed after eleven years of marriage and was not supported by an affidavit, which the petitioner’s counsel argued made the allegations vague and omnibus. The State opposed the petition for anticipatory bail. Relying on the lack of specific allegations and the absence of an affidavit, the Court held that the complaint did not satisfy the requirements for arrest. Consequently, the Court ordered that the petitioner be released on anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the provisions of the Cr.P.C. and the BNSS.
  • Whether the complaint, lacking an affidavit and containing general allegations, is sufficient to justify arrest under Sections 498A IPC and 4 Dowry Prohibition Act.

Legislation cited

Subjects

  • anticipatory bail
  • Section 498A
  • dowry prohibition
  • mental cruelty
  • physical cruelty
  • affidavit requirement
  • Bharatiya Nagarik Suraksha Sanhita
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60522 of 2024
                  Arising Out of PS. Case No.-1380 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Pramod Mahto Son of Mallu Mahto Resident of Village - Mahipura, Police
                 Station - Jandaha, District – Vaishali.               ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar.
           2.     Sharmila Devi Wife of Pramod Mahto Resident of Village - Mahipura,
                  Police Station - Jandaha, District - Vaishali. Presently Daughter of Shankar
                  Mahto, Resident of Village - Gaddopur, Ward No.12, Police Station - N.H.
                  Bangra, District – 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.Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   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. 2994 of 2022

                   arising out of C.R. No. 1380 of 2022 registered for the offences

                   punishable under Sections 498A of the Indian Penal Code and

                   Section 4 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. 1 lac and one motorcycle as dowry.

                             4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.60522 of 2024(4) dt.03-02-2026
                                            2/3




          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. It is submitted that the

          allegation raised after 11 years of the marriage and alleged to be

          continued which started in year 2011, which itself falsified the

          allegation 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. 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

          of learned Additional Sessions Judge-VI-cum-Special Court

          (POCSO), Samastipur/concerned court in connection with T.R. No.

          2994 of 2022 arising out of C.R. No. 1380 of 2022, subject to the
              Patna High Court CR. MISC. No.60522 of 2024(4) dt.03-02-2026
                                                          3/3




                        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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