Patna High Court
Nandlal RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act, 1961 — s. 4
- Indian Penal Code — s. 498-A
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
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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
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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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