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Patna High Court

Sanjay RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties, subject to conditions under Cr.P.C. Section 438(2) and Section 482(2) of the BNSS.

Summary

The petitioner, Sanjay Ram, was named in a criminal complaint (Case No. 181 of 2023) alleging offences under IPC sections 323, 498-A and 504/34 for cruelty and assault against his wife, Sunita Devi. The petitioner argued that the complaint was filed after a 16‑year gap following his second marriage in 2007, and that it was frivolous and motivated by personal vendetta. The State contended that the petitioner had not provided maintenance to the complainant and her unmarried daughter. The court examined the delay, the nature of the allegations, and the lack of material evidence, concluding that the complaint appeared to be vexatious. Consequently, the court ordered the petitioner’s release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Cr.P.C. Section 438(2) and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to bail in view of the alleged offences under IPC sections 323, 498-A and 504/34.
  • Whether the complaint is frivolous and vitiates the basis for denial of bail.
  • Whether the delay of 16 years in filing the complaint affects the bail application.

Legislation cited

Subjects

  • bail
  • criminal complaint
  • cruelty
  • adultery
  • delay
  • frivolous complaint
  • IPC
  • CrPC
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35275 of 2025
                 Arising Out of PS. Case No.-181 Year-2023 Thana- COMPLAINT CASE-ARWAL District-
                                                         Arwal
                 ======================================================
                 Sanjay Ram S/o- Shri Kishori Ram Village- Sukhi Vigha Keyal P.S. Karpi
                 District- Arwal                                       ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Sunita Devi W/o- Shri Sanjay Ram Village- Sukhi Vigha Keyal P.S. Karpi
                  District- Arwal                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Kumar Kaushlendra, Adv
                 For the Opposite Party/s :     Mr. Pronoti Singh, APP
                 For the Informant        :     Mr. Ujjwal Kr. Singh, Adv
                                          :     Mr. Arvind Kr. Sinha, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
5   15-01-2026                   Heard the parties.

                                2. The petitioner is named in the complaint petition and

                   apprehending his arrest in connection with Complaint Case No.

                   181 of 2023 registered for the offences punishable under Sections

                   323, 498-A and 504/34 of the Indian Penal Code.

                                3. The allegation against petitioner is to commit cruelty

                   by physically assaulting complainant /O.P. No. 2 along with family

                   members/co-accused.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that marriage of petitioner with

                   complainant solemnized in the year 1999, whereafter with consent

                   of O.P. No. 2 petitioner solemnized second marriage in the year

                   2007 and thereafter when certain disputes and differences arose

                   between the parties in 2023, after long gap of 16 years, present

                   criminal case was lodged, which is completely frivolous without
               Patna High Court CR. MISC. No.35275 of 2025(5) dt.15-01-2026
                                                           2/2




                         having any cogent material and oblique motive.

                                      5. Learned APP duly assisted by learned counsel for the

                         informant while opposing the prayer of bail submitted that till date

                         no maintenance was given by petitioner to the complainant having

                         24 years old unmarried daughter.

                                      6. In view of aforesaid factual submission and by taking

                         note of fact as marriage of petitioner solemnized in the year 1999,

                         where present complaint was filed on the ground of adultery that

                         he solemnized second marriage with another women which alleged

                         to solemnized in the year 2007 and after long gap of 16 years, this

                         criminal complaint was filed in 2023, 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 S.D.J.M. Arwal/concerned Court, where the case is

                         pending in connection with Complaint Case No. 181 of 2023,

                         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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