Patna High Court

Sanjay Ram @ Sanjay KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that anticipatory bail should be granted to the petitioner as the allegations do not warrant denial of liberty and the case is triable by the magistrate.

Summary

The petitioner, Sanjay Ram, sought anticipatory bail in a complaint alleging matrimonial cruelty and dowry harassment under multiple IPC sections, including 498-A. He contended that the allegations were false and that he had not demanded dowry or inflicted torture on his wife, Rani Devi. The petitioner relied on a prior judgment (Md. Naimul Haque Ansari v. State of Bihar) to argue that the matter was triable by a magistrate and did not merit arrest. The State opposed the bail, but no counsel appeared for the second opposite party. The Court, after considering the facts and the petitioner's claim of innocence, ordered that bail be granted on furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 438 of the CrPC in the present complaint.
Whether the allegations of dowry harassment and matrimonial cruelty justify denial of bail.
Whether the case is triable by a magistrate, making anticipatory bail appropriate.

Legislation cited

B.N.S.S., 2023 — s. 482
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 120B, 323, 34, 341, 379, 498-A, 504, 506

Subjects

anticipatory bail
dowry harassment
matrimonial cruelty
IPC
Section 438
Section 482
bail
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49570 of 2025
                    Arising Out of PS. Case No.-460 Year-2023 Thana- NALANDA COMPLAINT CASE
                                                     District- Nalanda
                 ======================================================
                 Sanjay Ram @ Sanjay Kumar S/O Rajkumar Raj @ Late Raj Kumar Ram
                 R/O Village- Berthu Bazitpur, P.S.- Karai Pasurai, District- Nalanda.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Rani Devi W/O Sanjay Ram @ Sanjay Kumar, D/O Surendra Mahto R/O
                 Village- Berthu Bazitpur, P.S- Karai Pasurai, Distt.- Nalanda, At present
                 residing at Village- Raghopur, P.S- Jurawanpur, Distt.- Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :      Mr.Diwakar, Advocate
                 For the State          :      Ms.Shaheen Begum, APP
                 For the OP-2           :      None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   08-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State. Despite valid service of notice, nobody

                   appears on behalf of opposite party no. 2.

                                 2. The petitioner, husband of the opposite party no. 2,

                    apprehends his arrest in a complaint case punishable for the

                    offences under Sections 323, 341, 379, 498-A, 120(B), 504,

                    506, & 34 of the Indian Penal Code, in which, cognizance has

                    been taken under Section 498-A of the Indian Penal Code.

                                 3. Allegation against petitioner is of matrimonial

                    cruelty and demand for dowry.

                               4. While denying the allegations made in the complaint
           Patna High Court CR. MISC. No.49570 of 2025(3) dt.08-01-2026
                                                       2/2




                      petition, learned counsel for the petitioner submits that

                      petitioner has been falsely implicated in this case merely

                      because he happens to be husband of opposite party no. 2. At

                      no point of time, petitioner demanded any dowry or committed

                      torture with opposite party no. 2 and is still ready to keep the

                      opposite party no. 2 with full honour and dignity. Moreover,

                      the case is triable by the learned Magistrate. The petitioner has

                      further relied upon the judgment of this Court in the case of

                      Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors.

                      Vs. The State of Bihar, reported in 2006(3) PLJR 182.

                                  5. Considering the aforesaid facts and circumstances,

                     in the event of arrest or surrender within a period of eight weeks

                     from today, let this petitioner, as named above, be enlarged on

                     bail on furnishing bail bond of Rs.10,000/- (ten thousand) with

                     two sureties of the like amount each to the satisfaction of the

                     learned J.M.F.C.-III, Nalanda at Biharsharif / concerned Court

                     in connection with Complaint Case No. 460 C of 2023, subject

                     to the conditions, as laid down under Section 438(2) of the

                     Cr.P.C. / Section 482 of the B.N.S.S., 2023.



                                           (Prabhat Kumar Singh, J)
anay

U      T

Continue reading with your account

Checking your session…