Patna High Court
Chuman ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, finding the complaint to be general, unsupported by an affidavit, and not a ground to deny bail.
Summary
The petitioner, Chuman Choudhary, was named in a complaint alleging mental and physical cruelty under IPC sections 323, 341, 498‑A, 504 and 506/34 for non‑fulfilment of a dowry demand. The petitioner’s counsel argued that the complaint was false, fabricated, and not supported by an affidavit, citing a 23‑day delay in filing and the precedent set in Priyanka Srivastava v. State of Uttar Pradesh (2015) 6 SCC 287. The Assistant Public Prosecutor opposed bail. The Court examined the general and omnibus nature of the cruelty allegations and the lack of supporting affidavit. Relying on Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the usual conditions. The order directs the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether the complaint against the petitioner is sufficiently substantiated to deny bail.
- Whether the delay and lack of affidavit render the complaint false and fabricated.
- Whether Section 438(2) Cr.P.C. and Section 482(2) BNSS justify granting bail in the present case.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 341, 498-A, 504, 506/34
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- Indian Penal Code
- Criminal Procedure Code
- false complaint
- delay in filing
- affidavit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68930 of 2024
Arising Out of PS. Case No.-612 Year-2023 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
Chuman Choudhary Son of Shravan Choudhary Resident of Village - Bakuli,
Police Station - Laukariya, District - West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalsa Devi @ Lalsa Kumari Wife of Chuman Choudhary, Daughter of
Ramagya Choudhary Resident of Village - Guyati, Police Station - Bagaha
(Patkhouli), District - West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Milind Kumar Mishra
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 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. 612 of 2023 registered for the
offences punishable under Sections 323, 341, 498-
A, 504 and 506/34 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.
4. It is submitted by learned counsel
appearing on behalf of the petitioner that
Patna High Court CR. MISC. No.68930 of 2024(3) dt.03-02-2026
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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]. The last occurrence in terms of
allegation took place on 20.03.2023, but the
complaint in issue was filed on 13.04.2023 with a
delay of 23 days without having any just
explanation. 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 opposed the prayer of bail.
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 qua
Patna High Court CR. MISC. No.68930 of 2024(3) dt.03-02-2026
3/3
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 A.C.J.M.-III, Bagaha,
West Champaran/concerned Court, where the case
is pending in connection with C.A. Case No. 612 of
2023, 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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