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Patna High CourtCR. MISC./35928/2025bail granted

Anil Kumar v. The State Of Bihar

2026-01-21Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35928 of 2025 Arising Out of PS. Case No.-271 Year-2024 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== Anil Kumar son of Munnilal Bind Resident of BSL Jhopari Colony, Near Pandy Coal dip, Post- Shivandih, Ps- Maraphari, Dist- Bokaro, (Jharkhand ), At Present c/o- Smt. Sumitra Devi, B-402, Pearl 100 Society, Jundal Bhagad, rod New Chandkhera, P.S.- New Chndkhera, Ahamadabad(Gujarat) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smita Kumari wife of Anil Kumar village- lakhana, Post and ps- Kajra, DistLakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Adv For the Opposite Party/s :

Mr. Nityanand, APP For the O.P. No. 2 :

Mr. Rajive Ranjan Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-01-2026 Heard the parties.

2. The petitioner is named in the complaint petition and apprehending his arrest in connection with Complaint Case No. 271c of 2024 registered for the offences punishable under Sections 498-A, 354B, 341, 323, 406 and 34 of the IPC and Section 3⁄4 of the D.P. Act.

3. The allegation against petitioner is to commit mental and physical cruelty upon complainant, who is the wife of petitioner due to non-fulfillment of demand of dowry as raised for cash of Rs. 4 lakh and one four-wheeler.

4. It is submitted by learned counsel

Patna High Court CR. MISC. No.35928 of 2025(6) dt.21-01-2026 2/3 appearing on behalf of the petitioner that allegation qua mental and physical cruelty appears very much general and omnibus against this petitioner. It is pointed out that alleged occurrence took place just after the marriage when complainant was in Ahmadabad, Gujarat with petitioner and thereafter she returned to her parental home immediately after three months of marriage, the entire occurrence is of year 2020, but the present case was lodged on 28.06.2024 after gap of four years without explaining any reasons for such an inordinate delay. While concluding arguments, it is submitted that above named petitioner is a man of clean antecedent.

5. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail could not explain such inordinate delay. It is fairly conceded that even maintenance case was filed in the year 2023, itself.

6. In view of aforesaid factual submission and by taking note of fact as allegation qua mental and physical cruelty appears very much general and omnibus in nature, where present complainant primafacie lodged case after delay of four years without explaining such inordinate delay, accordingly petitioner

Patna High Court CR. MISC. No.35928 of 2025(6) dt.21-01-2026 3/3 above-named, in the event of his arrest or surrender before the trial court 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 S.D.J.M., Lakhisarai/concerned Court, where the case is pending in connection with Complaint Case No. 271c 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