Patna High Court
AmiruddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner subject to a bond and sureties.
Summary
Amiruddin was named in a complaint alleging mental and physical cruelty, and dowry demands, leading to charges under IPC sections 323, 341, 379 and 498‑A. The petitioner contended that the allegations were false, fabricated and overly general, citing the precedent of Priyanka Srivastava v. State of Uttar Pradesh. The State argued that the petitioner, as the husband, actively participated in the alleged offences. The court examined whether the complaint was sufficiently specific to deny bail and considered the applicability of bail provisions under Section 438(2) of the Cr.P.C. and Section 482(2) of BNSS. Finding the allegations general but not sufficient to refuse bail, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to the stated conditions.
Issues considered
- Whether the complaint against the petitioner is false and fabricated.
- Whether the allegations of mental and physical cruelty are sufficiently specific to deny bail.
- Whether bail can be granted under Section 438(2) of the Criminal Procedure Code and Section 482(2) of BNSS.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 323, 341, 379, 498-A
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- IPC
- Criminal Procedure Code
- BNSS
- false complaint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68831 of 2024
Arising Out of PS. Case No.-957 Year-2022 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
Amiruddin Son of Nisarul R/o Village- Gopipatti, Ward No-1, P.O.-
Anandpur, P.S.- Pataur, District- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sajina Nadaf Wife of Amiruddin R/o Village- Gopipatti, Ward No-1, P.O.-
Anandpur, P.S.- Pataur, District- Darbhanga presently resided at daughter of
Sakur Nadaf Resident of Vill- Bellam, P.O- Reyan Factory, P.S.- Sakari,
District- Madhubani, Pin Code- 847238
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Abhay Kumar
For the O.P. No. 2 : Mr. Shailendra Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 03-02-2026 Heard the parties.
2. The petitioner is named in the complaint and
apprehending his arrest in connection with C.A. Case No. 957 C of
2022 registered for the offences punishable under Sections 323,
341, 379 and 498-A of the Indian Penal Code.
3. As per complaint, petitioner alleged to commit mental
and physical cruelty upon complainant due to non-fulfillment of
demand of dowry, as raised for cash of Rs. 2 lakhs and one
motorcycle.
4. It is submitted by learned counsel appearing on
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behalf of the petitioner that complaint in issue was raised on the
basis of false and fabricated allegation and therefore same not
appears supported through affidavit. It is pointed out that non-
supporting of complaint on affidavit is a clear violation of legal ratio
as established through Priyanka Srivastava and Another Vs.
State of Uttar Pradesh and Others, [(2015) 6 SCC 287].
Arguing further it is submitted that allegation qua mental and
physical cruelty appears very much general and omnibus in nature
against this petitioner. While concluding the argument 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
petitioner being husband actively participated in the occurrence.
6. In view of aforesaid factual and legal submission and
by taking note of fact as allegation qua mental and physical cruelty
appears very much general and omnibus in nature, 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 S.D.J.M. Madhubani/concerned Court,
where the case is pending in connection with C.A. Case No. 957 C
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of 2022 , 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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