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Patna High Court

Manuu RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

Manuu Ram was named in a 2019 complaint (Case No. 510) under Section 498-A IPC for alleged mental and physical cruelty related to dowry demands. He contended that the complainant, Basanti Devi, had been living in adultery with Kishun Ram since 2016 and that the 498-A case was a false, omnibus allegation. The petitioner also filed a separate complaint (Case No. 135 of 2021) invoking Section 494 IPC against the complainant for adultery. The learned Assistant Public Prosecutor could not refute the petitioner’s factual submissions. Considering the prima facie evidence of the complainant’s adultery and the general nature of the cruelty allegation, the court directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the Bihar Negotiable Instruments Act.

Issues considered

  • Whether the petitioner is entitled to bail in a criminal case under Section 498-A IPC on the basis of the alleged adultery of the complainant.
  • Whether the allegations of mental and physical cruelty constitute a sufficient ground to deny bail.

Legislation cited

Subjects

  • dowry harassment
  • cruelty
  • adultery
  • bail
  • Section 498-A IPC
  • Section 494 IPC
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14199 of 2024
                  Arising Out of PS. Case No.-510 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C
                                                District- Kaimur (Bhabua)
                 ======================================================
                 Manuu Ram Son Of Late Ram Dev Ram Resident Of Village- Adhwar, Ps-
                 Mohania, Dist- Kaimur At Bhabua

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar
           2.    Basanti Devi Wife Of Manuu Ram Resident Of Village- Mujan, Ps-
                 Mohania, Dist- Kaimur Bhabua

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Dharmendra Singh
                 For the Opposite Party/s :    Mr. Parmanand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   28-01-2026                  Heard the parties.

                                2. The petitioner is named in the complaint and

                   apprehending his arrest in connection with Bhabua

                   Complaint Case No. 510 of 2019 registered for the

                   offences punishable under Section 498-A of the Indian

                   Penal Code.

                                3. As per complaint, petitioner alleged to commit

                   mental and physical cruelty upon complainant due to non-

                   fulfillment of demand of dowry.

                                4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.14199 of 2024(3) dt.28-01-2026
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          on behalf of the petitioner that complainant herself was

          living in adultery with one Kishun Ram son of Ramdavar

          Ram resident of village Amarpura, P.S. Mohania, Distt:

          Kaimur at Bhabua, since 2016 showing petitioner/

          husband as a dead person. It is submitted that when

          aforesaid dispute surfaced between the complainant and

          petitioner, present false case was lodged with very

          general and omnibus allegation. It is pointed out that as

          complainant          also      solemnized            aforesaid   marriage

          subsisting this marriage, petitioner lodged a complaint

          case before learned CJM, Kaimur, which has been

          registered as Complaint Case No. 135 of 2021, where

          cognizance was taken for the offence under Section 494

          of the IPC against complainant. While concluding

          argument, it is submitted that petitioner is a man of clean

          antecedent.

                       5. Learned APP duly assisted by learned counsel

          for the complainant/O.P. No. 2 while opposing the prayer

          of bail could not disputed aforesaid factual submission as
               Patna High Court CR. MISC. No.14199 of 2024(3) dt.28-01-2026
                                                           3/3




                         advanced by learned counsel for the petitioner.

                                       6. In view of aforesaid factual submission and

                         by taking note of fact as prima-facie complainant herself

                         is living in adultery since 2016, prior to lodging of this

                         case, where allegation qua mental and physical cruelty

                         appears very much general and omnibus in nature,

                         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 C.J.M. Kaimur at

                         Bhabua/concerned Court, where the case is pending in

                         connection with Bhabua Complaint Case No. 510 of 2019,

                         subject to the conditions as laid down under Section

                         438(2) of the Cr.P.C/ Section 482(2) of BNSS.


                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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