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Patna High Court

Vikram KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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