Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding the complaint vague, unsupported by an affidavit, and therefore not sufficient to justify continued detention.
Summary
Vikram Kumar was named in a complaint (No. 1033C/2023) alleging offences under IPC sections 341, 323, 328, 379, 504, 498A and a provision of the Dowry Prohibition Act for alleged mental and physical cruelty linked to a dowry demand for a four‑wheeler. The petitioner’s counsel argued that the complaint was unsupported by an affidavit, the allegations were vague and omnibus, and that the parties had filed a mutual divorce petition, citing Priyanka Srivastava v. State of Uttar Pradesh. The State opposed bail. The High Court observed that the complaint indeed lacked an affidavit and the allegations were general, and therefore ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to the conditions of Section 482(2) of the Criminal Procedure Code.
Issues considered
- The complaint’s lack of an affidavit and the general nature of the allegations, whether they justify denial of bail.
- Whether the alleged mental and physical cruelty under the IPC and Dowry Prohibition Act warrants arrest pending trial.
- Whether Section 482(2) of the Criminal Procedure Code permits the grant of bail in the present circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3/4
- Indian Penal Code — s. 323, 328, 341, 379, 498A, 504
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- IPC sections
- Dowry Prohibition Act
- affidavit
- general allegations
- Section 482
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73297 of 2024
Arising Out of PS. Case No.-1033 Year-2023 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Vikram Kumar Son of Shivji Ram @ Shivji Ray R/O Vill.- Hariharpur
Vidayalaya, P.S.- Teghra, Dist.- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sumitra Devi @ Suman Kumari Wife of Vikram Kumar, D/O Gorelal Ram
R/O Vill.- Bhawanandpur, P.S.- Birpur, Dist.- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Braj Bhushan Poddar
For the Opposite Party/s : Mr.Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 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. 1033C of 2023 registered for the offences
punishable under Sections 341, 323, 328, 379, 504,
498A of IPC and ¾ of DP 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 for four wheeler
vehicle.
Patna High Court CR. MISC. No.73297 of 2024(4) dt.04-02-2026
2/3
4. It is submitted by learned counsel appearing
on behalf of the petitioner 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 qua committing mental and physical
cruelty against petitioner appears very much general and
omnibus in nature and moreover he received instructions
from petitioner that with the consent of complainant they
preferred mutual divorce petition before the learned
Family court, if it is so than dispute and differences
between the parties appears settled.
5. Learned APP opposes the prayer of bail.
6. Upon repeated calls learned counsel for the
informant failed to join present proceedings.
7. 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
Patna High Court CR. MISC. No.73297 of 2024(4) dt.04-02-2026
3/3
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 JM 1st Class, Begusarai /concerned Court, where
the case is pending in connection with Complaint Case No.
1033C of 2023, subject to the conditions as laid down
under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…