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Patna High Court

Nandlal RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.

Summary

The petitioner, Nandlal Ram, was named in a 2018 dowry harassment complaint alleging cruelty under Section 498-A IPC and Section 4 of the Dowry Prohibition Act for demanding Rs.60,000 and a Hero Honda motorcycle. He filed a bail petition, contending that the dowry demand was framed in a vague, omnibus manner and that the complainant had remarried, indicating a motive to harass. The Additional Public Prosecutor opposed bail. The court noted that notice had been validly served on the complainant's sister‑in‑law, while the complainant herself did not appear. Considering the general nature of the allegations and the complainant's remarriage, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).

Issues considered

  • Whether the allegations under Section 498-A IPC and the Dowry Prohibition Act justify denial of bail.
  • Whether the complainant's remarriage and the general nature of the dowry demand affect the prima facie case.
  • Whether service of notice on the sister‑in‑law suffices for procedural compliance.

Legislation cited

Subjects

  • dowry harassment
  • Section 498-A
  • bail
  • criminal procedure
  • remarriage
  • notice service

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34108 of 2025
                 Arising Out of PS. Case No.-732 Year-2018 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
                 Nandlal Ram, S/o Late Shivnath Ram, R/o Village- Jigina, Post Office-
                 Badhari P.S.- Agrer, Dist.- Rohtas
                                                                       ... ... Petitioner
                                                    Versus
           1.     The State of Bihar
           2.    Sanju Devi, D/o Ganga Ram R/o Village-Jigina, Post- Badhari P.S.- Agrer,
                 Dist.- Rohtas. At Present R/o Village- Jamuhar, P.S.- Dehri, Dist.- Rohtas

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms. Deepti Pandey, Advocate
                 For the Opposite Party/s :     Mr. Aditya Narayan Singh-1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   13-01-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the complaint

                   and apprehending his arrest in connection with Complaint

                   Case No.732 of 2018 in which cognizance has been taken for

                   the offences punishable under Sections 498-A of the Indian

                   Penal Code and Section 4 of the Dowry Prohibition Act.

                                3. The allegation against petitioner is to commit

                   cruelty upon complainant due to non-fulfilment of demand of

                   dowry as raised for cash of Rs.60,000/- and one Hero Honda

                   motorcycle.
Patna High Court CR. MISC. No.34108 of 2025(5) dt.13-01-2026
                                            2/3




                       4. It is submitted by learned counsel appearing for

          the petitioner that the demand of dowry and motorcycle

          appears raised in very general and omnibus manner. It is also

          pointed out that the complainant has solemnized her second

          marriage subsisting the present marriage with petitioner and,

          therefore, the present complaint case was filed with oblique

          motive as to harass the petitioner and his entire family

          members. In support of submission qua marriage, it is

          submitted that the said statement has been made on

          affidavit, which is specifically averred in para-14 of the

          present bail petition. The petitioner claimed clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6.    Upon perusal of office report, it appears that

          notice was served upon sister-in-law of complainant.

          Accordingly, same appears validly served upon. Despite of

          valid service of notice, none appeared on behalf of

          complainant/O.P. No.2.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as allegation qua demand of dowry

          appears very general and omnibus in nature, coupled with the
           Patna High Court CR. MISC. No.34108 of 2025(5) dt.13-01-2026
                                                       3/3




                     fact that complainant prima facie appears solemnized her

                     marriage, subsisting her first marriage with petitioner,

                     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 Sub Divisional Judicial Magistrate, Sasaram in

                     connection with Complaint Case No.732 of 2018, 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 the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short

                     ‘BNSS’).



                                                             (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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