Aman Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50866 of 2024 Arising Out of PS. Case No.-1038 Year-2023 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Aman Vishwakarma Son of Ramrekha Vishwakarma R/O Vill.- Mastul, Barun P.s.- Barun, Dist.-Aurangabad ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Anushka Devi W/O Aman Vishwakarma D/O Ramnandan Vishwarkarma R/O Vill.- Mastul, Barun P.s.- Barun, Dist.-Aurangabad, At Present R/O Vill.- Kunda, P.s.- Mufassil, Dist.- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-01-2026 Heard the parties.

2.The petitioner is named in the complaint case and apprehending his arrest in connection with complaint Case No. 1038 of 2023 registered for the offences punishable under Sections 323, 498A of IPC.

3. The allegation against petitioner is to commit mental and physical cruelty upon complainant due to nonfulfillment of demand of dowry.

4. It is submitted by learned counsel appearing on behalf of the petitioner that subsequent to this complaint petition, the complainant lodged another FIR also for same

Patna High Court CR. MISC. No.50866 of 2024(4) dt.29-01-2026 2/3 allegation which was lodged as Barun P.S. Case No. 555 of 2023 on 08.11.2023 in which petitioner was granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 51743 of 2024 dated 16.01.2025. It is pointed out that in terms of court order, petitioner is regularly paying Rs. 3,000/- per month as an ad-interim maintenance. While concluding argument, it is submitted that allegation qua committing mental and physical cruelty and also demanding dowry appears very much general and omnibus in nature.

5. It is further pointed out that notice as issued to complainant was received by her mother with whom she is residing and for said effect jointness qua O.P. No. 2 with her mother was filed on affidavit.

6. Considering aforesaid, notice deemed validly served upon O.P. No. 2.

7. Despite of service of notice none appeared on behalf of complainant/O.P. No. 2.

8. Learned APP opposes the prayer of bail.

9. In view of aforesaid factual submission and by taking note of fact as petitioner already granted bail regarding

Patna High Court CR. MISC. No.50866 of 2024(4) dt.29-01-2026 3/3 same occurrence for which a separate FIR was lodged by the complainant subsequent to lodging this complaint petition as discussed aforesaid, coupled with the fact that allegation qua committing cruelty is appearing very general and omnibus 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 CJM, Aurangabad/concerned Court, where the case is pending in connection with complaint Case No. 1038 of 2023, subject to the conditions as laid down under Section 482(2) of BNSS.

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