Patna High Court
Manuu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 494, 498-A
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
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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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