Patna High Court
Nawal Kishore Singh @ Nawal Kumar Singh @ Nawal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were vague and the complaint was belated, and therefore granted bail to the petitioner.
Summary
The petitioner, Nawal Kishore Singh, was named in a complaint alleging mental and physical cruelty under IPC sections 498A and 494, filed after 25 years of marriage. He contended the case was false, arising from his inability to pay maintenance during the Covid-19 period, and argued that the allegations were vague and the complaint was belated. The respondent argued that the petitioner had taken a second marriage and failed to comply with a family court order to pay Rs. 25,000 monthly maintenance. The court observed that the allegations were general, the complaint was lodged after a long interval, and therefore did not justify denial of bail. Consequently, the petitioner was released on bail upon furnishing a Rs. 10,000 bond with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the relevant statute.
Issues considered
- Whether bail should be granted to the accused under Section 438 CrPC in view of allegations under IPC sections 498A and 494.
- Whether the belated filing of the complaint after 25 years of marriage affects its credibility and the grant of bail.
- Whether the existence of a family court maintenance order impacts the criminal proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 494, 498A
Subjects
- bail
- mental cruelty
- physical cruelty
- dowry harassment
- bigamy
- maintenance order
- Indian Penal Code
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79419 of 2025
Arising Out of PS. Case No.-9 Year-2024 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
Nawal Kishore Singh @ Nawal Kumar Singh @ Nawal Singh S/O Late Hari
Bilas Singh R/O Village - Makrampur, P.S- Sakri, Distt.- Madhubani At
present resident- T.T.E Inspector, Railway D.R.M,Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Neelam Devi W/O Nawal Kishore Singh @ Nawal Kumar Singh @ Nawal
Singh R/O Village - Makrampur, P.S- Sakri, Distt.- Madhubani,D/O Late
Radheyshyam Singh,R/O Dayakharwar, P.S- Lakhnaur, Dist- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kusum Rani
For the Opposite Party/s : Mr.Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 24-02-2026 Heard the parties.
2. The petitioner is named in the complaint and
apprehending his arrest in connection with Complaint Case No. 09
of 2024 registered for the offences punishable under Sections
498(A) and 494 of the Indian Penal Code.
3. As per complaint, petitioner who is husband alleged
to commit mental and physical cruelty upon complainant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that after 25 years of the marriage present
false case was lodged, where due to certain issues during Covid-19
petitioner who is working with Indian Railways as TTE could not
provide monthly expenditure to the complainant. It is submitted
Patna High Court CR. MISC. No.79419 of 2025(4) dt.24-02-2026
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that allegation qua mental and physical cruelty is appearing very
much general and omnibus in nature and moreover complaint not
appears to be lodged on affidavit and, therefore, same not appears
legally convincing in view of Priyanka Srivastava and Another
Vs. State of Uttar Pradesh and Others, [(2015) 6 SCC
287]. While concluding argument, it is submitted that petitioner
is a man of clean antecedent.
5. Learned APP duly assisted by learned counsel for the
informant while opposing the prayer of bail submitted that
petitioner solemnized his second marriage, but fairly conceded that
present complaint was lodged after 25 years of the marriage. It is
submitted that despite of order of family court as to pay monthly
maintenance of Rs. 25,000/- no maintenance amount was ever
paid by the petitioner.
6. Taking note of aforesaid, learned counsel for the
petitioner submitted that it is for the complainant to pray before
learned family court for execution of aforesaid order, if any
through department/Indian Rail, itself, if it is not paying by
petitioner.
7. In view of aforesaid factual submission and by taking
note of fact as allegation qua committing mental and physical
cruelty appears very general and omnibus in nature, where
Patna High Court CR. MISC. No.79419 of 2025(4) dt.24-02-2026
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complaint in issue appears to be lodged after 25 years of the
marriage, 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,
Madhubani/concerned Court, where the case is pending in
connection with Complaint Case No. 09 of 2024, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C/
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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