Patna High Court
Anil Choudhary @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations of cruelty were general and not supported by an affidavit, and therefore granted bail to the petitioner.
Summary
The petitioner, Anil Choudhary, sought bail in connection with a complaint (No. 1666/2023) alleging offences under several IPC sections and the Dowry Prohibition Act, based on alleged mental and physical cruelty for a dowry demand. Counsel for the petitioner argued that the complaint was not supported by an affidavit and was overly general, citing the Supreme Court precedent in Priyanka Srivastava v. State of Uttar Pradesh. The Additional Public Prosecutor opposed bail, maintaining that the petitioner had committed cruelty. The court examined the nature of the allegations and the lack of affidavit support, finding them to be general and omnibus. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, invoking Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether the complaint alleging mental and physical cruelty is sufficiently supported by an affidavit to deny bail
- Whether bail can be granted under Section 482(2) of the Code of Criminal Procedure given the nature of the allegations
- Whether the allegations are too general and omnibus to sustain the complaint
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 307, 323, 341, 379, 406, 420, 498A, 504, 506
Subjects
- bail
- mental cruelty
- physical cruelty
- dowry demand
- affidavit
- general and omnibus complaint
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69807 of 2024
Arising Out of PS. Case No.-1666 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Anil Choudhary @ Anil Kumar S/o- Raghunath Choudhary R/o Village- Bara
Sumera Ward No 14, PS- Kurhani District- Muzaffarpur. .. ... Petitioner/s
Versus
1. The State of Bihar.
2. Puja Kumari wife of Anil Choudhary @ Anil Kumar R/o Village- Bara
Sumera Ward No 14, PS- Kurhani District- Muzaffarpur and daughter of
Late Maheshwar Choudhary, R/o Village- Gadhopur, P.S. N.H. Bangra,
District- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yugal Kishore, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 04-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Complaint Case No. 1666/2023, T.R. No.
2665/24 registered for the offences punishable under Sections
341, 323, 504, 406, 420, 498A, 307, 506/379 of the Indian
Penal Code and Section ¾ of D.P. Act.
3. The allegation against the petitioner is to commit
mental and physical cruelty upon the complainant alongwith other
co-accused persons/family members due to non-fulfillment of
demand of one motorcycle and cash of Rs. 50,000/- as dowry.
Patna High Court CR. MISC. No.69807 of 2024(3) dt.04-02-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the allegation as raised through
present complaint cannot be said correct legally for the reason that
same appears not supported by affidavit contrary to the legal
position settled through legal report of Hon’ble Supreme Court as
available through Priyanka Srivastava Vs. State of Uttar
Pradesh [2015 (6) SCC 287]. It is submitted that the
allegation qua committing physical and mental cruelty is appearing
very much general and omnibus in nature against petitioner. In
this context, it is further pointed out that last occurrence alleged to
be taken place on 07.08.2023 but the complaint in issue was
lodged on 11.08.2023, without making any effort to lodged this
case with police. Petitioner claimed clean antecedent.
5. Learned APP, duly assisted by learned counsel
appearing on behalf of the complainant/opposite party no. 2, while
opposing the prayer of bail submitted that the petitioner being
husband committed physical and mental cruelty upon opposite
party no. 2.
6. In view of aforesaid factual submissions and by
taking note of fact as allegation qua committing physical and
mental cruelty appears very much general and omnibus in nature
against petitioner coupled with the fact that complaint not appears
Patna High Court CR. MISC. No.69807 of 2024(3) dt.04-02-2026
3/3
supported by affidavit in terms of Priyanka Srivastava case
(supra), accordingly, above named petitioner, in the event of his
arrest or surrender before the learned trial Court, within a period
of four weeks of the order, 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 10th Additional District & Sessions Judge,
Samastipur/concerned Court, where the case is pending in
connection with Complaint Case No. 1666/2023, T.R. No.
2665/24 subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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