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Patna High Court

Anil Choudhary @ Anil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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