Patna High Court

Swami Nath YadavversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that the allegations are general and the injury is simple, warranting the grant of bail.

Summary

The petitioner, Swami Nath Yadav, was named in an FIR for offences under IPC sections 341, 323, 324, 498A, 34 and Section 3 of the Dowry Prohibition Act, alleging mental and physical cruelty and assault with a sharp-edged weapon. The defence argued that the allegations of cruelty were vague and that the injury to the informant was minor, caused by a blunt object. The prosecution contended that the allegations were specific to the petitioner. The court examined the nature of the allegations and the medical report, finding them to be general and the injury simple. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the CrPC. The bail order was directed to be implemented by the lower court in Siwan.

Issues considered

Whether the allegations of mental and physical cruelty are sufficiently specific to deny bail
Whether the nature and extent of the injury justify continued custody
Whether bail can be granted under the inherent powers of the High Court under Section 482(2) of the CrPC

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Dowry Prohibition Act — s. 3
Indian Penal Code — s. 323, 324, 34, 341, 498

Subjects

bail
mental cruelty
physical cruelty
assault
sharp weapon
IPC
Dowry Prohibition Act
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73977 of 2024
                      Arising Out of PS. Case No.-62 Year-2024 Thana- MAHILA P.S. District- Siwan
                 ======================================================
                 Swami Nath Yadav S/o- Late Ramnath Yadav Resident of village- Ramnagar
                 PS- Siwan Town Dist- Siwan
                                                                       ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Sanju Kumari D/o- Late Prem Yadav Village- Lakhrawn Ps- Siwan Muffasil
                  Dist- Siwan
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Kumari Anupam, Adv.
                 For the Opposite Party/s :       Mr. Navin Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   04-02-2026                   Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Siwan Mahila P.S. Case

                   No. 62 of 2024 registered for the offences punishable under

                   Sections 341, 323, 324, 498A, 34 of IPC and Section ¾ of D.P.

                   Act.

                                3. The allegation against petitioner is to commit mental

                   and physical cruelty upon informant and also to assault her during

                   the occurrence by using Pansul (“sharp edge weapon”).

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that allegation qua mental and physical

                   cruelty appears very much general and omnibus in nature. It is

                   further submitted that during the scuffling out of daily and
            Patna High Court CR. MISC. No.73977 of 2024(4) dt.04-02-2026
                                                        2/2




                      domestic affairs the informant received minor lacerated injury in

                      her hand for which the present allegation was raised. It is

                      submitted that injury found simple caused by hard and blunt object

                      contrary to allegation.

                                   5. Learned APP duly assisted by learned counsel for the

                      informant while opposing the prayer of bail submitted that the

                      allegation is specific against petitioner.

                                   6. Let it be so as allegation qua mental and cruelty

                      appears very much general and omnibus an nature coupled with

                      the fact that injury upon medical examination as alleged to be

                      caused found simple in nature, 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 SDJM, Siwan /concerned Court, where the case is pending

                      in connection with Siwan Mahila P.S. Case No. 62 of 2024, subject

                      to the conditions as laid down under Section 482(2) of BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-
U       T

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