IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60523 of 2024 Arising Out of PS. Case No.-1374 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Niraj Kumar @ Neeraj Kumar S/o Nand Deo Tiwari R/o vill - Kulharia, ward no. 5, P.s. - Parwatta, Distt. - Khagaria. ... ... Petitioner/s Versus 1. The State of Bihar. 2. Soni Kumari W/o Niraj Kumar, D/o Laxman Chaurasia R/o vill - Kulharia, ward no. 5, P.S. - Parwatta, Distt. - Khagaria. At Present R/o Barouni Flag, P.S. - Teghra, Distt. - Begusarai. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ambrish Jha, Advocate For the Opposite Party/s : Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 5 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 Complaint Case No. 1374C/2023 registered for the offences punishable under Sections 323/498A of the Indian Penal Code and ¾ 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. 10 lacs and one Enova Car as dowry. 4. Learned counsel appearing on behalf of the petitioner submitted that allegation as raised through complaint petition qua Patna High Court CR. MISC. No.60523 of 2024(5) dt.03-02-2026 2/3 mental and physical cruelty is appearing very much general and omnibus in nature against the petitioner. It is further submitted that the last occurrence as per complaint took place on 28.02.2023, the day on which the complainant alleged to be ousted from her matrimonial home but the complaint in issue was filed on 01.08.2023 i.e. almost after six months without any explanation for such inordinate delay 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 join 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,, whereas the present complaint appears to be lodged after a gap of about six months without any explanation, 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 Patna High Court CR. MISC. No.60523 of 2024(5) dt.03-02-2026 3/3 Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Begusarai/concerned court in connection with Complaint Case No. 1374C/2023, 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.”). veena/- (Chandra Shekhar Jha, J) U T