Patna High Court
Shyam Sundar Chaudhary @ Shyam Sundar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to the conditions imposed.
Summary
The petitioner, Shyam Sundar Chaudhary, was named in a complaint (Case No. 600 of 2023) alleging offences under IPC sections 498A, 323, 406, 504 and 506 for alleged mental and physical cruelty linked to a dowry demand of a motorcycle. The petitioner sought anticipatory bail, arguing that the complaint was vague, lacked a specific date of occurrence, and was not supported by an affidavit, and that the parties had since compromised and were living together. The State opposed the bail. The court noted the absence of an affidavit, the general nature of the allegations, and the complainant’s non‑appearance, and consequently ordered anticipatory bail, directing the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Issues considered
- Whether a complaint lacking an affidavit and specific dates is maintainable for the offences alleged
- Whether anticipatory bail should be granted in view of vague and omnibus allegations of mental and physical cruelty
- Whether the parties' compromise and cohabitation affect the grant of bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 406, 498A, 504, 506
Subjects
- anticipatory bail
- dowry harassment
- mental cruelty
- physical cruelty
- complaint affidavit
- IPC 498A
- bail conditions
- compromise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60529 of 2024
Arising Out of PS. Case No.-600 Year-2023 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
Shyam Sundar Chaudhary @ Shyam Sundar Kumar Son of Kuber Chaudhary
R/o Village- Khurd Pipar Tola Ps- Dhansoi Dist- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Manju Devi D/o- Manoj Kumar Chaudhary R/o-Village- Ghamhriya Tola
Ps- Nokha Dist- Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, 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 Complaint Case No.
600 of 2023 registered for the offences punishable under Sections
498A, 323, 406, 504, 506 of the Indian Penal Code.
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 one motorcycle 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.60529 of 2024(4) dt.03-02-2026
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mental and physical cruelty is appearing very much general and
omnibus in nature against the petitioner. However, it is submitted
by learned counsel that as per his instructions, now matter appears
compromised between the parties and they are living happily
together. It is submitted that no specific date of the occurrence
appears raised through present complaint petition 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 the alleged complaint not appears to be
supported through affidavit coupled with the fact that allegation
qua committing mental and physical cruelty appears very much
general and omnibus in nature against petitioner, 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.60529 of 2024(4) dt.03-02-2026
3/3
of learned Additional Sessions Judge-VIII, Rohtas at
Sasaram/concerned court in connection with Complaint Case No.
600 of 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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