Saroj Kumar Roy @ Saroj Kumar @ Saroj Kumar Rai @ Saroj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60294 of 2024 Arising Out of PS. Case No.-684 Year-2014 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Saroj Kumar Roy @ Saroj Kumar @ Saroj Kumar Rai @ Saroj Rai S/o Nand Kishore Rai Resident of Village Marui PS Patepur, District Vaishali At Hajipur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sonali Kumari W/o Saroj Kumar Roy @ Saroj Kumar @ Saroj Kumar Rai, D/o Balram Rai R/o vill - Sarangpur, P.S. - Tajpur (Halai O.P.), Distt. - Samastipur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate Ms. Rani Shashi Bharti, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-02-2026 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 T.R. No. 657 of 2024 arising out of C.R. No. 684 of 2014 registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

3. The allegation against the petitioner is to commit mental and physical cruelty upon the complainant alongwith other co-accused persons/family members due to non-fulfillment of demand of cash of Rs. 2 lacs as dowry.

Patna High Court CR. MISC. No.60294 of 2024(6) dt.03-02-2026 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that allegation as raised through complaint petition qua mental and physical cruelty is appearing very much general and omnibus in nature against the petitioner and, furthermore, the complaint in issue is not supported by affidavit, which is contrary to the settled position of law as available through Priyanka Srivastava Vs. State of Uttar Pradesh [2015 (6) SCC 287]. Petitioner claimed clean antecedent.

5. Learned A.P.P. opposed the prayer of anticipatory bail.

6. On repeated calls, none appeared on behalf of the complainant to joint the present proceeding.

7. In view of aforesaid factual submission and by taking note of the fact as allegation qua committing mental and physical cruelty appears very much general and omnibus against petitioner, where complaint also not supported by affidavit 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

Patna High Court CR. MISC. No.60294 of 2024(6) dt.03-02-2026 3/3 of learned Additional District and Sessions Judge-VII, Samastipur/concerned court in connection with T.R. No. 657 of 2024 arising out of C.R. No. 684 of 2014, 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) veena/- U T