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Patna High Court

SUMIT JHAversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties, with conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioner, Sumit Jha, was named in an FIR for offences under IPC sections 323, 341, 498A, 504, 34 and Section 75 of the D.P. Act, alleged to have committed cruelty for not meeting a monetary demand. He contended that the case was false, stemming from a family dispute after his parents began living with him, and highlighted his clean antecedents, senior position at ISRO, and recent heart surgery. The informant, his wife Swati Jha, opposed bail, noting the case had been pending since 2021 and that mediation attempts had failed, though she acknowledged the petitioner was paying interim maintenance. The court observed that the cruelty allegation was framed in a vague, omnibus manner and, considering the circumstances, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of BNSS. The bail order was directed to be complied with within four weeks of surrender or arrest.

Issues considered

  • Whether bail should be granted to the petitioner despite multiple serious IPC and D.P. Act charges.
  • Whether the allegations of cruelty are sufficiently specific to justify denial of bail.
  • Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS are applicable.

Legislation cited

Subjects

  • bail
  • cruelty
  • domestic violence
  • IPC sections
  • D.P. Act
  • general allegations
  • interim maintenance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67109 of 2021
                     Arising Out of PS. Case No.-24 Year-2021 Thana- MAHILA P.S. District- Bhagalpur
                 ======================================================
                 Sumit Jha S/o Binod Jha Resident of Village Salampur, P.S. Falka, District-
                 Katihar. At present residing at R/o Maha Lakshmi Residency, Wing - B,
                 Building No. 2, Flat No. 301, Chandansar, P.S. - Birar East, District -
                 Palghar,Maharstra.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Swati Jha W/o Sumit Jha , D/o Varun Kumar Jha Quarter No. -198, P.T.S.,
                 N.T.P. C. Colony, Kahalgaon, P.S. NTPC, Kahalgaon, District - Bhagalpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pranav Kumar Jha
                 For the Opposite Party/s :        Mr.A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   08-01-2026                    Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Bhagalpur Mahila

                   P.S. Case No. 24 of 2021 registered for the offences

                   punishable under Sections 323, 341, 498A, 504, 34 of the

                   Indian Penal Code and Section ¾ of D.P. Act.

                                3. The allegation against petitioner is to commit

                   cruelty upon informant for non-fulfillment of demand of

                   money.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the petitioner who is the husband
Patna High Court CR. MISC. No.67109 of 2021(5) dt.08-01-2026
                                            2/3




          of the informant is presently posted in ISRO, Department of

          Space under Prime Minister Office, as Senior Assistant, B-

          Grade Officer in Mumbai. It is pointed out that the parents of

          petitioner who are old and ill started to live with his son, which

          was not accepted by informant, therefore, upon instigation of

          her parents, the present false case was lodged. It is pointed

          out that recently a heart surgery was also conducted on this

          petitioner. It is pointed out that the allegation as raised

          through FIR, is completely ornamental and also appears

          raised in very general and omnibus manner. While concluding

          arguments, it is submitted that petitioner is a man of clean

          antecedent.

                       5. Learned APP duly assisted by learned counsel for

          the informant while opposing the prayer of bail submitted that

          this matter is pending since 2021, and in last 4-5 years the

          matter was referred two time for mediations, but same could

          not concluded logically. It is conceded that the petitioner is

          paying Rs. 13,000/- per month regularly as ad-interim

          maintenance in terms of the order of family court, Bhagalpur,

          including Rs. 2,000/- as legal expenditure to complainant.
               Patna High Court CR. MISC. No.67109 of 2021(5) dt.08-01-2026
                                                           3/3




                                       6. In view of aforesaid factual submissions and by

                         taking note of fact as allegation qua cruelty appears raised in

                         very general and omnibus manner against petitioner,

                         accordingly petitioner above-named, in the event of his arrest

                         or surrender before the court below within a period of four

                         weeks, 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 ACJM

                         II, Bhagalpur /concerned Court, where the case is pending in

                         connection with Bhagalpur Mahila P.S. Case No. 24 of 2021,

                         subject to the conditions as laid down under Section 438(2) of

                         the Cr.P.C/ Section 482(2) of BNSS.



                                                                   (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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