Ajay Das @ Ajay Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9529 of 2025 Arising Out of PS. Case No.-1265 Year-2022 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Ajay Das @ Ajay Kumar Das S/O Vika Das R/O Village -Kamalpur, P.S.- Kunauli Dist.- Supaul ... ... Petitioner
Versus
1.
The State of Bihar 2.
Laxmi Kumari W/O Ajay Das, D/O Akhilesh Das R/O Vill.- Kamalpur, Ward no. 12, P.S.- Kunauli, Dist.- Supaul. at Present R/O Gharhara, P.S.- Navhatta, Dist.- Saharsa.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ansul, Sr. Advocate Mr.Pramod Kumar Yadav, Advocate For the State :
Mr.Pradeep Narain Kuma, APP For the O.P. No. 2 :
Mr.Satish Kumar Singh, Advocate Mr.Dinesh Maharaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-01-2026 Heard Mr. Ansul, learned senior counsel for the petitioner and learned APP for the State duly assisted by learned counsel for the complainant/O.P. No.2.
2. The accused-petitioner, named in the complaint petition, is apprehending his arrest in connection with Complaint Case No. 1265C of 2022 registered for the offences punishable under Sections 341, 323, 498A, 494, 307 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. As per complaint petition, it is alleged that petitioner committed cruelty upon the complainant/O.P. No. 2 due to nonfulfillment of demand of dowry as raised for a cash of Rs. Eight
Patna High Court CR. MISC. No.9529 of 2025(7) dt.20-01-2026 2/3 Lakhs and also one Four Wheeler vehicle.
4. Mr. Ansul, learned senior counsel appearing on behalf of the petitioner submitted that allegation qua physical assault and mental cruelty due to non-fulfillment of demand of dowry appears very much general and omnibus against the petitioner.
5. It is also pointed out by Mr. Ansul that the allegation set out through para 10 of the complaint petition suggests in itself that with general and omnibus allegation qua all accused persons including petitioner for the occurrence dated 12.11.2022 was raised. Mr. Ansul, denied the second marriage of the petitioner and submitted that allegation of second marriage was raised only on the basis of suspicion as petitioner was in talking term with one girl namely, Chandani Kumari. Petitioner claimed clean antecedent.
6. Learned A.P.P. for the State duly assisted by learned counsel appearing for the informant, while opposing the prayer for anticipatory bail of the petitioner, submitted that petitioner is the husband and thrust of allegation qua committing cruelty is specifically available against him, however, he could not disputed the general and omnibus nature of allegation as raised through paragraph 10 of the complaint petition as submitted
Patna High Court CR. MISC. No.9529 of 2025(7) dt.20-01-2026 3/3 aforesaid by Mr. Ansul, learned senior counsel for the petitioner.
7. In view of the aforesaid factual submissions and by taking note of the fact as complainant/O.P. No. 2 raised allegation qua demand of dowry and physical assault is very much general and omnibus qua petitioner, as discussed above, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Saharsa/concerned court in connection with Complaint Case No. 1265C of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T