Subhash Chandra Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58520 of 2024 Arising Out of PS. Case No.-802 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Subhash Chandra Mishra son of Arun Mishra Village Po- Bijai PsPandaul Dist- Madhubani ... ... Petitioner
Versus
1.
The State of Bihar 2.
Bhargavi Kumari wife of Subhash Chandra Mishra Village Po- Bijai Ps- Pandaul Dist- Madhubani, P/A- Near 13 No. Railway Gumti Mithila Navjeevan Ashpatal Krishna Puri Colony Ps- Rajnagar DistMadhubani ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratnakar Jha, Advocate For the Opposite Party/s :
Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The accused-petitioner, named in the complaint, is apprehending his arrest in connection with CR Case No. 802 of 2022 registered for the offences punishable under Sections 323, 498A/34 of the Indian Penal Code.
3. As per complaint, petitioner alleged to commit mental and physical cruelty upon the complainant/O.P. No. 2 due to non-fulfillment of demand of dowry as raised for one Motorcycle, golden chain and cash of Rs. One Lakh.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.58520 of 2024(3) dt.02-02-2026 2/3 petitioner submitted that allegation of demand of dowry and and also committing mental and physical cruelty upon the complainant/O.P. No. 2 is appearing very much general and omnibus against the petitioner which was raised after twelve years of marriage as the complaint in issue was filed in the year 2022, whereas marriage between the complainant/O.P. No. 2 and petitioner was solemnized in the year 2010. petitioner claimed clean antecedent.
5. Notice, as issued by this Court, received by the mother of complainant/O.P. No. 2 with whom she was residing. Accordingly, the same was validly served upon her
6. Despite service of notice, none appears on behalf of the complainant/O.P. No. 2.
7. Learned A.P.P. for the State is present.
8. In view of the aforesaid factual submissions and by taking note of the fact as allegation qua mental and physical cruelty prima facie appears very much general and omnibus against the petitioner, where petitioner is a man of clean antecedent, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this
Patna High Court CR. MISC. No.58520 of 2024(3) dt.02-02-2026 3/3 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 SubDivisional Judicial Magistrate, Madhubani/concerned court in connection with C.R. No. 802 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