Patna High Court
NITESH KUMAR @ NITISH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were general and omnibus, warranting the grant of bail to the petitioner.
Summary
The petitioner, Nitesh Kumar, was arrested in connection with a complaint alleging cruelty and dowry harassment under Sections 498A and 34 of the IPC and Section 4 of the Dowry Prohibition Act, demanding Rs.2 lakh and a four‑wheeler. The petitioner contended that the allegations were baseless, citing his filing of a restitution of conjugal rights petition and the complainant's failure to appear before the family court and mediation proceedings. The Additional Public Prosecutor opposed bail. The court observed that the dowry demand allegations were vague, general and omnibus, and noted the complainant’s non‑appearance. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, invoking Section 482(2) of the BNSS. The bail order was conditioned on compliance with the stipulated terms.
Issues considered
- Whether the petitioner is entitled to bail despite pending charges under Sections 498A, 34 IPC and Section 4 D.P. Act.
- Whether the allegations of dowry demand are sufficiently specific to deny bail.
- Whether the complainant’s failure to appear before the court influences the grant of bail.
Legislation cited
- BNSS — s. 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 34, 498A
Subjects
- bail
- dowry harassment
- Section 498A IPC
- Section 34 IPC
- Section 4 Dowry Prohibition Act
- general and omnibus allegations
- restitution of conjugal rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60529 of 2023
Arising Out of PS. Case No.-597 Year-2022 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
NITESH KUMAR @ NITISH KUMAR Son of Late Adhik Lal Kamat R/o
vill - Mithila Deep, P.S. - Lakhnaur, Distt. - Madhubani. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. RUBI KUMARI D/o Ashok Kumar Chaudhary, W/o Nitesh Kumar @ Nitish
Kumar R/o vill - Piprauliya P.o - Sirkhariya, P.S. - Ghoghardiha, Distt. -
Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kedar Jha, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 15-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Complaint Case No. 597 of 2022 registered for
the offences punishable under Section 498A/34 of the Indian
Penal Code and Section 4 of D.P. Act.
3. The allegation against the petitioner is to commit
cruelty upon complainant alongwith other family members/co-
accused persons due to non-fulfillment of demand of dowry, as
raised for cash of Rs. 2 lacs and one four wheeler vehicle.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the complainant is working at Delhi
Patna High Court CR. MISC. No.60529 of 2023(4) dt.15-01-2026
2/3
and as she is not desirous to continue her matrimonial life with this
petitioner, the present baseless allegation was raised. In support
of his submission, learned counsel submitted that the petitioner
filed Restitution of Conjugal Right against complainant/opposite
party no. 2 but she failed to appear before the Family Court,
Madhubani and also while this matter was pending before the
Mediator for couple of year, except one occasion she never
attended the proceedings. It is submitted that the allegation is also
appearing very general and omnibus in nature qua petitioner and
his family members.
5. Learned APP opposed the prayer of bail.
6. Despite of service of notice, opposite party no. 2
failed to appear before this Court on repeated call.
7. In view of aforesaid factual submissions and by
taking note of fact as the allegation qua demand of dowry and also
one four wheeler vehicle appears very much general and omnibus
in nature qua petitioner, accordingly, above named petitioner, in
the event of his arrest or surrender before the learned trial Court,
within a period of four weeks of the order, is directed to be
released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional District & Sessions Judge-III,
Patna High Court CR. MISC. No.60529 of 2023(4) dt.15-01-2026
3/3
Jhanjharpur/concerned Court, where the case is pending in
connection with Complaint Case No. 597 of 2022 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
Checking your session…