Patna High Court
Jata Shanakar Yadav @ Jata Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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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