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Patna High Court

Vikash Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the complaint's general and unsupported allegations do not justify denial of bail, and therefore granted bail to the petitioner.

Summary

Vikash Kumar Singh was arrested in connection with a complaint alleging offences under IPC sections 323, 498A, 379, 34 and the Dowry Prohibition Act for mental and physical cruelty linked to a dowry demand for land. The petitioner argued that the complaint lacked a supporting affidavit and contained only vague, omnibus allegations, citing the precedent of Priyanka Srivastava v. State of Uttar Pradesh. The opposing side contended that the petitioner had repeatedly abused and assaulted the complainant. The court found the allegations to be general and unsupported by an affidavit, and consequently granted bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Criminal Procedure Code. The bail order was directed to be executed by the concerned court in Saran.

Issues considered

  • Whether a complaint lacking an affidavit and containing general, omnibus allegations is sufficient to deny bail.
  • Whether the petitioner is entitled to bail under Section 482(2) of the Criminal Procedure Code pending trial.

Legislation cited

Subjects

  • bail
  • dowry harassment
  • mental cruelty
  • physical cruelty
  • affidavit requirement
  • general allegations
  • Section 482
  • IPC
  • Dowry Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69118 of 2024
                 Arising Out of PS. Case No.-3114 Year-2023 Thana- SARAN COMPLAINT CASE District-
                                                          Saran
                 ======================================================
                 Vikash Kumar Singh Son of Manoj Singh Resident of Village - Soniya, P.S. -
                 Daudpur, District - Saran

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Sonal Singh Wife of Vikash Kumar Singh, Daughter of Shri Vinod Singh
                 Resident of Village - Siswa Khurd, P.S. - Daudpur, District - Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Radha Mohan Singh, Adv.
                 For the Opposite Party/s :     Mrs. Asha Kumari, APP
                 For the Informant        :     Mr. Anant Kr. Bhaskar, Adv.
                                                Mr. Sanjay Kr. Jha, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   04-02-2026                    Heard the parties.

                                2.The petitioner is named in the Complaint Case

                   and apprehending his arrest in connection with Complaint

                   Case No. 3114 of 2023 registered for the offences

                   punishable under Sections 323, 498A, 379 and 34 of IPC

                   and Section 3/4 of D.P. Act.

                                3. The allegation against petitioner is to commit

                   mental and physical cruelty upon complainant due to non-

                   fulfillment of demand of dowry as raised to transfer the

                   entire land in his name which belongs to the father of the
Patna High Court CR. MISC. No.69118 of 2024(3) dt.04-02-2026
                                            2/3




          complainant as she is the only child.

                       4. It is submitted by learned counsel appearing

          on behalf of the petitioner that the complaint in issue not

          appears supported by affidavit and therefore, the

          allegation cannot be accepted correct. It is submitted that

          the complaint in want of affidavit appears contrary to the

          settled position of law as available through Priyanka

          Srivastava Vs. State of Uttar Pradesh [2015 (6)

          SCC 287]. It is submitted that the allegation against

          petitioner is very much general and omnibus in nature

          qua alleged mental and physical cruelty. It is pointed out

          that in fact informant left her matrimonial home and

          forced petitioner on several occasions to live with her

          parents as she is the only child.

                       5. Learned APP duly assisted by learned counsel

          for the informant while opposing the prayer of bail

          submitted         that      petitioner       abused   and   assaulted

          complainant on several occasions as to grab her parental

          property.
              Patna High Court CR. MISC. No.69118 of 2024(3) dt.04-02-2026
                                                          3/3




                                     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 coupled with the fact that same

                        also not appears supported by affidavit, 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 CJM, Saran /concerned Court, where the case is

                        pending in connection with Complaint Case No. 3114 of

                        2023, subject to the conditions as laid down under

                        Section 482(2) of BNSS.



                                                                (Chandra Shekhar Jha, J)
Sudha/-

U         T


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