Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69118 of 2024 Arising Out of PS. Case No.-3114 Year-2023 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Vikash Kumar Singh Son of Manoj Singh Resident of Village - Soniya, P.S. - Daudpur, District - Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sonal Singh Wife of Vikash Kumar Singh, Daughter of Shri Vinod Singh Resident of Village - Siswa Khurd, P.S. - Daudpur, District - Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Radha Mohan Singh, Adv.

For the Opposite Party/s :

Mrs. Asha Kumari, APP For the Informant :

Mr. Anant Kr. Bhaskar, Adv.

Mr. Sanjay Kr. Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-02-2026 Heard the parties.

2.The petitioner is named in the Complaint Case and apprehending his arrest in connection with Complaint Case No. 3114 of 2023 registered for the offences punishable under Sections 323, 498A, 379 and 34 of IPC and Section 3/4 of D.P. Act.

3. The allegation against petitioner is to commit mental and physical cruelty upon complainant due to nonfulfillment of demand of dowry as raised to transfer the entire land in his name which belongs to the father of the

Patna High Court CR. MISC. No.69118 of 2024(3) dt.04-02-2026 2/3 complainant as she is the only child.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the complaint in issue not appears supported by affidavit and therefore, the allegation cannot be accepted correct. It is submitted that the complaint in want of affidavit appears contrary to the settled position of law as available through Priyanka Srivastava Vs. State of Uttar Pradesh [2015 (6) SCC 287]. It is submitted that the allegation against petitioner is very much general and omnibus in nature qua alleged mental and physical cruelty. It is pointed out that in fact informant left her matrimonial home and forced petitioner on several occasions to live with her parents as she is the only child.

5. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that petitioner abused and assaulted complainant on several occasions as to grab her parental property.

Patna High Court CR. MISC. No.69118 of 2024(3) dt.04-02-2026 3/3

6. In view of aforesaid factual and legal submission and by taking note of fact as allegation qua mental and physical cruelty appears very much general and omnibus in nature coupled with the fact that same also not appears 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, Saran /concerned Court, where the case is pending in connection with Complaint Case No. 3114 of 2023, subject to the conditions as laid down under Section 482(2) of BNSS.

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