Patna High Court
SUMIT JHAversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- D.P. Act — s. 75
- Indian Penal Code — s. 323, 34, 341, 498A, 504
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
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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
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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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