Patna High Court
Vikash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 379, 498
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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