Allowed¶27

Gauri Shankar Jha v. The State of Bihar

Patna HC7 Jan 2026CR. MISC./24032/2025

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; pre-arrest bail; Sections 498-A, 323 IPC; Sections 3, 4 Dowry Prohibition Act; Section 438(2) CrPC; Section 482(2) BNSS 2023; general and omnibus allegations; dowry demand Rs.5 lakhs and motorcycle; complaint after 20 years of marriage; no injury report; complaint not supported by affidavit; Priyanka Srivastava v. State of U.P. (2015) 6 SCC 287; Saharsa; S.D.J.M.; bail bond Rs.10,000; Patna High Court; Chandra Shekhar Jha; CR. MISC. No.24032 of 2025(4); dt.07-01-2026.

What did the court decide?

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender within four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Saharsa, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Gauri Shankar Jha Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, named as accused in Complaint Case No.181C of 2023 (offences punishable under Sections 498-A and 323 IPC and Sections 3 and 4 of the Dowry Prohibition Act) and apprehending arrest, is entitled to anticipatory bail. +1 more

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Court's answer

Petitioner directed to be released on bail in the event of his arrest or surrender in the court below within four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Saharsa, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

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Ratio / Principle

Bail granted taking note of the general and omnibus nature of the allegation of dowry demand (cash and one motorcycle) made after 20 years of marriage.

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Key takeaways

Court observed that the complaint petition is not supported by any injury report and is also not supported by affidavit, contrary to the law laid down by the Hon'ble Supreme Court in Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court (Chandra Shekhar Jha, J.), 07-01-2026, CR. MISC. No.24032 of 2025(4): husband named in Complaint Case No.181C of 2023 (Saharsa) involving offences punishable under Sections 498-A and 323 IPC and Sections 3 and 4 of the Dowry Prohibition Act, alleging cruelty over demand of Rs.5 lakhs cash and a motorcycle, lodged about 20 years after marriage; the Court noted the general and omnibus nature of the allegations, the absence of any injury report, and that the complaint was unsupported by affidavit contrary to the law laid down in Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287; petitioner directed to be released on bail in the event of arrest or surrender within four weeks on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Saharsa, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24032 of 2025

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Arising Out of PS. Case No.-181 Year-2023 Thana- SAHARSA COMPLAINT CASE District- Saharsa

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======================================================

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Gauri Shankar Jha, S/o Shri Dharnidhar Jha, R/o Sakin Muradpur, P.S.Nauhatta, Dist-Saharsa

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... ... Petitioner

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Versus

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The State of Bihar

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Reena Jha, W/o Gauri Shankar Jha, D/o Shri Jata Shankar Jha, resident of Village- Sahmaura, P.S.- Sonbersa Raj, Dist-Saharsa

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner/s : Mr. Hrishikesh, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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4 07-01-2026

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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The accused/petitioner is named in the complaint

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and apprehending his arrest in connection with Complaint Case No.181C of 2023 in which cognizance has been taken for the offences punishable under Sections 498-A 323 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.

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Allegation against petitioner as per complaint is

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to commit cruelty upon complainant/O.P. No.2 due to nonfulfilment of demand of dowry for cash of Rs.5 lakhs and one

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Patna High Court CR. MISC. No.24032 of 2025(4) dt.07-01-2026 2/4

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motorcycle. The allegation of physical assault is also available through complaint petition.

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It is submitted by learned counsel appearing for petitioner that the marriage of O.P. No.2 with petitioner, who is husband solemnized 20 years back and they have two children aged about 16 and 17 years. It is submitted that out of domestic dispute and differences, the present false case was lodged after 20 years of marriage, without having any occasion with very general and omnibus allegation. The petitioner claimed clean antecedent.

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It is further argued that O.P. No.2 intentionally not receiving the notice as issued by this Court just to harass this petitioner. In support of his submission, it is submitted that notice when on last occasion was sent through learned advocate for informant/O.P. No.2 appearing before learned trial court, it was refused to accept by him and moreover the registered post also returned with endorsement that complainant/O.P. No.2 is not available at given address. In view of same, it is prayed that notice be deemed validly served upon O.P. No.2/complainant.

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Patna High Court CR. MISC. No.24032 of 2025(4) dt.07-01-2026 3/4

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Learned APP appearing for the State while

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opposing the prayer of bail submitted that the allegation of cruelty and assault is specifically available against petitioner, who is husband.

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Taking contrary to the submissions, as advanced, it is pointed out that the complaint petition is not supported by any injury report and further same is also not supported by affidavit contrary to the law laid down by Hon’ble Supreme Court as available through Priyanka Srivastava and Anr.

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vs. State of U.P. and Ors. , as reported in (2015) 6 SCC 287 .

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In view of aforesaid factual submissions and by taking note of general and omnibus allegation qua demand of cash and one motorcycle and that too after 20 years of marriage, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Saharsa in connection

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Patna High Court CR. MISC. No.24032 of 2025(4) dt.07-01-2026 4/4

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with Complaint Case No.181C of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of

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the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).

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(Chandra Shekhar Jha, J.)

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Sanjeet/-

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U T

Gauri Shankar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gauri Shankar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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