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Patna High Court

Jata Shanakar Yadav @ Jata Shankar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the complaint was vague, unsupported by an affidavit, and filed after an undue delay, warranting the grant of bail to the petitioner.

Summary

The petitioner, Jata Shanakar Yadav, was named in a complaint alleging mental and physical cruelty under Sections 498-A, 323, 436, 307 and 326 of the IPC following the birth of a female child. The petitioner contended that the dispute had been settled by the local panchayat and that the complainant had left the matrimonial home, with a maintenance case pending before the Family Court. He argued that the complaint was not supported by an affidavit, was filed after an undue delay, and the allegations were vague and omnibus, relying on the Supreme Court precedent in Priyanka Srivastava v. State of Uttar Pradesh. The court agreed that the complaint lacked specific support and was overly general, and therefore granted bail to the petitioner subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) BNSS. The bail order was directed to be executed by the Judicial Magistrate‑First Class, Rosera, Samastipur.

Issues considered

  • Whether the complaint alleging cruelty is sufficiently specific and supported by an affidavit to justify denial of bail
  • Whether the delay in filing the complaint and the general nature of the allegations warrant bail under CrPC and BNSS

Legislation cited

Subjects

  • bail
  • domestic violence
  • cruelty
  • IPC
  • CrPC
  • BNSS
  • maintenance
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72083 of 2024
                  Arising Out of PS. Case No.-450 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE
                                                   District- Samastipur
                 ======================================================
                 Jata Shanakar Yadav @ Jata Shankar Yadav, S/o Kamleshwar Yadav @
                 Kamleshwari Yadav, R/o Village-Jahangirpur, P.S.-Singhiya, District-
                 Samastipur
                                                                     ... ... Petitioner
                                               Versus
           1.     The State of Bihar
           2.    Mitan @ Mittan, W/o Jata Shanakr Yadav @ Jata Shankar Yadav, D/o
                 Ramjapo Yadav, R/o village-Jahangirpur, P.S. - Singhiya, Distt. - Samastipur,
                 Presently residing at village - Bahorwa, P.S. - Bithan, Distt. - Samastipur
                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Gaurav Kumar, Advocate
                 For the Opposite Party/s :    Mr. Parmanand Kumar, APP
                 For the Informant        :    Mr. Raja Ram Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   04-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State duly assisted by

                   learned counsel appearing for informant.

                                2. The accused/petitioner is named in the complaint

                   and apprehending his arrest in connection with Complaint

                   Case No.450 of 2023 in which cognizance has been taken for

                   the offences punishable under Sections 498-A, 323, 436, 307

                   and 326 of the Indian Penal Code.

                                3. As per complaint, the petitioner alleged to

                   commit mental and physical cruelty upon complainant

                   particularly after birth of female child.
Patna High Court CR. MISC. No.72083 of 2024(4) dt.04-02-2026
                                            2/3




                       4. It is submitted by learned counsel appearing for

          petitioner that the dispute and differences between parties

          was     resolved      with     interference          of   local   panch but,

          subsequently, further differences surfaced between the

          parties. It is submitted that the complainant herself left her

          matrimonial home and living with her parents. It is pointed

          out that maintenance case is pending before the learned

          Family Court.

                       5.       Arguing further, it is submitted that the

          complaint in issue is not supported by affidavit and, therefore,

          the same cannot be relied upon in view of legal report of

          Hon’ble Supreme Court as available through Priyanka

          Srivastava v. State of Uttar Pradesh [(2015) 6 SCC

          287]. It is pointed out that in terms of complaint, the last

          occurrence alleged to be taken place on 20.06.2023 but,

          complaint in issue was lodged on 28.06.2023 as an

          afterthought, without explaining the delay and moreover the

          allegation qua committing mental and physical cruelty is

          appearing very much general and omnibus in nature.

                       6.     Learned APP duly assisted by learned counsel

          appearing for complainant/O.P. No.2 while opposing the prayer
            Patna High Court CR. MISC. No.72083 of 2024(4) dt.04-02-2026
                                                        3/3




                      of bail submitted that the petitioner being husband actively

                      involved to commit mental and physical cruelty upon

                      complainant/O.P. No.2.

                                   7. Let it be so, in view of aforesaid factual

                      submissions as the allegation of committing cruelty qua

                      petitioner appears very much general and omnibus in nature,

                      coupled with the fact that the complaint also appears not

                      supported by affidavit, accordingly, the petitioner, above-

                      named, in the event of his arrest or surrender in the court

                      below within a period of four weeks from today, is directed to

                      be released on bail on furnishing bail bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned Judicial Magistrate-1st

                      Class, Rosera at Samastipur in connection with Complaint

                      Case No.450 of 2023, subject to the conditions as laid down

                      under Section 438(2) of the Code of Criminal Procedure (in

                      short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

                      Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                              (Chandra Shekhar Jha, J.)
    Sanjeet/-
U      T


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