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Patna High Court

AmiruddinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.68831 of 2024(4) dt.03-02-2026
                                            2/3




          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
               Patna High Court CR. MISC. No.68831 of 2024(4) dt.03-02-2026
                                                           3/3




                         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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