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Patna High Court

Niraj Kumar @ Neeraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to surrender, bail bond and surety conditions.

Summary

The petitioner, Niraj Kumar, was named in a complaint alleging offences under IPC Sections 323 and 498A and Section 3 of the Dowry Prohibition Act for alleged mental and physical cruelty and dowry demands. The complaint was filed six months after the alleged incident and was not supported by an affidavit, with the complainant failing to appear in court. The petitioner sought anticipatory bail, arguing that the allegations were vague and the delay was unexplained. The State opposed the bail. The court noted the general nature of the cruelty allegations, the unexplained delay, and the lack of an affidavit, and consequently granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and conditions under Section 438(2) Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted in view of the delay in filing the complaint and lack of supporting affidavit.
  • Whether the allegations of mental and physical cruelty constitute a cognizable offence under Sections 323, 498A and the Dowry Prohibition Act.
  • Applicability of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. in granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • mental cruelty
  • physical cruelty
  • dowry harassment
  • delay in filing complaint
  • Section 498A
  • Section 323
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60523 of 2024
                  Arising Out of PS. Case No.-1374 Year-2023 Thana- BEGUSARAI COMPLAINT CASE
                                                   District- Begusarai
                 ======================================================
                 Niraj Kumar @ Neeraj Kumar S/o Nand Deo Tiwari R/o vill - Kulharia, ward
                 no. 5, P.s. - Parwatta, Distt. - Khagaria.            ... ... Petitioner/s
                                                       Versus
           1.     The State of Bihar.
           2.     Soni Kumari W/o Niraj Kumar, D/o Laxman Chaurasia R/o vill - Kulharia,
                  ward no. 5, P.S. - Parwatta, Distt. - Khagaria. At Present R/o Barouni Flag,
                  P.S. - Teghra, Distt. - Begusarai.
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ambrish Jha, Advocate
                 For the Opposite Party/s :     Mr.Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   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 Complaint Case No.

                   1374C/2023 registered for the offences punishable under Sections

                   323/498A of the Indian Penal Code and 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. 10 lacs and one Enova Car as dowry.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that allegation as raised through complaint petition qua
Patna High Court CR. MISC. No.60523 of 2024(5) dt.03-02-2026
                                            2/3




          mental and physical cruelty is appearing very much general and

          omnibus in nature against the petitioner. It is further submitted

          that the last occurrence as per complaint took place on

          28.02.2023, the day on which the complainant alleged to be

          ousted from her matrimonial home but the complaint in issue was

          filed on 01.08.2023 i.e. almost after six months without any

          explanation for such inordinate delay 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 join 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,, whereas the present complaint appears to be lodged

          after a gap of about six months without any explanation,

          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
              Patna High Court CR. MISC. No.60523 of 2024(5) dt.03-02-2026
                                                          3/3




                        Rs.10,000/- (ten thousand only) with two sureties of the like

                        amount each to the satisfaction of learned District and Sessions

                        Judge, Begusarai/concerned court in connection with Complaint

                        Case No. 1374C/2023, 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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