Nitish Kumar @ Nitish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27918 of 2026 Arising Out of PS. Case No.-2020 Year-2023 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Nitish Kumar @ Nitish S/O Shambhusharan Singh Resident of Chandpura, P.S- Patory, District- Samastipur, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priti Kumari W/O Nitish Kumar R/O Village- Chandpura, P.S- Patory, Distt.- Samastipur and presently resides at Daughter of Ramvasni Singh, R/O Chamarhara, P.S- Mahnar, Distt.- Vaishali, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Keshav Bhardwaj For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-05-2026 Heard the parties.

2. The petitioner is named in the complaint petition and apprehending his arrest in connection with Complaint Case No. 2020 of 2023 registered for the offences punishable under Sections 341, 323, 379 and 498 A of the Indian Penal Code and Section 3⁄4 of the DP Act.

3. As per FIR, petitioner along with other family members committed mental and physical cruelty upon complainant due to nonfulfillment of demand of dowry as raised for cash of Rs. 10 lakhs.

4. It is submitted by learned counsel appearing on behalf of the petitioner that complaint in issue is not supported by affidavit and, therefore, the allegation as averred through present petition cannot be relied upon in view of legal ratio as available through Priyanka Srivastava and Another Vs. State of Uttar Pradesh and

Patna High Court CR. MISC. No.27918 of 2026(2) dt.01-05-2026 2/2 Others, [(2015) 6 SCC 287]. It is further submitted by learned counsel that even from the face of complaint qua demand of dowry and also qua allegation of assault dated 14.04.2023 is appearing very much general and omnibus. While concluding arguments, it is submitted that above named petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual and legal submission and by taking note of fact as allegation qua physical and mental cruelty against petitioner is very much general and omnibus in nature and further complaint in issue is not 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 CJM, Vaishali at Hajipur/concerned Court, where the case is pending in connection with Complaint Case No. 2020 of 2023, 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