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Patna High Court

Santosh Kumar Sharma @ Santosh SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the complaint’s lack of affidavit support and its vague, omnibus nature warranted the grant of anticipatory bail to the petitioner.

Summary

The petitioner, Santosh Kumar Sharma, applied for anticipatory bail in connection with Complaint No. 829 of 2019 alleging offences under several IPC sections and the Dowry Prohibition Act, based on accusations of mental and physical cruelty for a dowry demand of Rs. 2.5 lakh. The petitioner contended that the complaint was vague, omnibus, filed five months after the alleged incident, and lacked an affidavit, citing the precedent set in Priyanka Srivastava v. State of Uttar Pradesh. The State opposed the bail, while the complainant’s counsel argued the petitioner forced the complainant into destitution. The court observed that the complaint was not supported by an affidavit and the allegations were overly general, and consequently granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) BNSS. The parties were advised that they could settle their disputes before trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite serious allegations under IPC and the Dowry Prohibition Act.
  • Whether the complaint is sufficiently specific and supported by an affidavit as required by law.
  • Whether the delay in filing the complaint impacts the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • mental cruelty
  • physical cruelty
  • IPC offences
  • complaint affidavit
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60758 of 2024
                   Arising Out of PS. Case No.-829 Year-2019 Thana- COMPLAINT CASE District- Araria
                 ======================================================
                 Santosh Kumar Sharma @ Santosh Sharma son of Lakhan Lal Sharma, R/o -
                 Palsha, Ward no. 01, Ps- Ajam Nager, Dist- katihar. ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar.
           2.     Rachna Kumari wife of Santosh kumar Sharma @ santosh Sharma,
                  Daughter of Rohit lal Sharma R/o- kajra kamalpur, ward no. 1, ps- Raniganj,
                  Dist- Araria.
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kundan Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Khurshid Anwar, 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.

                   829 of 2019 registered for the offences punishable under Sections

                   120B, 323, 341, 342, 498A/384/379/506 of the Indian Penal

                   Code and cognizance was taken for the offence under Section

                   498A IPC r/w 4 of the 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. 2.5 lacs as dowry.

                             4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.60758 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 and furthermore, the

          present complaint was filed after about five months of the alleged

          last occurrence, which took place on 11.09.2018, as the present

          complaint was filed on 09.04.2019, without having any just

          explanation and also 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. Mr. Anil Kumar Sinha, learned counsel appearing for the

          complainant/opposite party no. 2, while opposing the prayer of bail

          submitted that the petitioner is the husband and he forced to live

          complainant in destitution.

                   7. Let it be so, considering the fact that complaint not

          appears to be supported by affidavit, where allegation qua

          committing mental and physical cruelty also 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
              Patna High Court CR. MISC. No.60758 of 2024(4) dt.03-02-2026
                                                          3/3




                        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       District        &   Sessions   Juge-IV,

                        Araria/concerned court in connection with Complaint Case No. 829

                        of 2019, 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.”).

                                 8. Parties may settled their disputes and differences at any

                        point of time before learned trial court.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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