Patna High Court
Jagdish RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court grants anticipatory bail to the petitioner, subject to conditions, recognizing the changed circumstances.
Summary
Jagdish Ray, the father‑in‑law of a woman allegedly murdered in a dowry‑related dispute, feared arrest in a case registered under Sections 80 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita. He contended that he was falsely implicated and has a clean antecedent. The State opposed his request for anticipatory bail. The High Court noted that earlier applications for bail by related parties had been granted, indicating a change in circumstances since the petitioner’s earlier anticipatory bail was rejected. Relying on Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the BNS, the Court decided to grant anticipatory bail with a bond and surety, subject to cooperation with the investigation and verification of his criminal record. The order directs the lower court to verify his antecedents and cancel bail if concealment is found.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 BNS in view of the changed circumstances.
- Whether the petitioner’s alleged lack of involvement in the dowry demand and his clean antecedent justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- Bharatiya Nagarik Suraksha Sanhita
- Section 80 BNS
- Section 3(5) BNS
- Criminal Procedure
- bail conditions
- changed circumstances
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14786 of 2026
Arising Out of PS. Case No.-380 Year-2024 Thana- PATEPUR District- Vaishali
======================================================
Jagdish Ray S/O Ramanand Ray R/O Vill.- Nauwa Chak, P.S.- Harlochanpur
Sukki, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shabina Talat
For the Opposite Party/s : Mr.Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Patepur (Harilochanpur) P.S. Case No. 380 of 2024,
registered for the offences punishable under Sections 80 & 3(5) of
BNS.
3. The prosecution case, in brief, is that the informant
alleged that his daughter, who was married to co-accused Amresh
Kumar in the year 2019 and had two children from the wedlock,
was subjected to cruelty and torture by her husband and in-laws
for demand of dowry of a vehicle and a chain. It is further alleged
that on 11.12.2024 at about 10 A.M., the accused persons assaulted
her and murdered her by strangulation.
4. The learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated. He is a
Patna High Court CR. MISC. No.14786 of 2026(3) dt.29-04-2026
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person of clean antecedent. He has no concern with the demand of
dowry. There is general and omnibus allegation of demand of
dowry and torture.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. The petitioner is the father-in-law of the deceased.
Earlier also, the petitioner had approached this Court for grant of
anticipatory bail along with Beepin Kumar (devar) vide Cr. Misc.
No. 33917 of 2025. By order dated 4.11.2025 passed in Cr. Misc.
No. 33917 of 2025, Beepin Kumar (devar) was granted
anticipatory bail, but the prayer of the petitioner for grant of
anticipatory bail was rejected. Earlier, by order dated 16.04.2025
passed in Cr. Misc. No. 17845 of 2025, Pradeep Rai (cousin
father-in-law) has also been granted regular bail by this Court.
Subsequent to the rejection of the anticipatory bail application of
the petitioner on 4.11.2025, the regular bail application of the
husband, vide Cr. Misc. No. 81242 of 2025, has been allowed on
03.12.2025. Therefore, there is a changed circumstance after the
earlier anticipatory bail application of the petitioner was rejected
on 04.11.2025 and hence, for these reasons, I am inclined to
entertain the second anticipatory bail application filed by the
petitioner and also consider it appropriate to grant the privilege of
anticipatory bail to the petitioner.
Patna High Court CR. MISC. No.14786 of 2026(3) dt.29-04-2026
3/3
7. Let the petitioner, as named above, in the event of his
arrest or surrender within four weeks from today, be enlarged 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
learned C.J.M., Vaishali at Hajipur in connection with Patepur
(Harilochanpur) P.S. Case No. 380 of 2024, subject to the
conditions laid down under section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 and subject to further condition that :-
(i) The petitioner shall co-operate in the investigation/
trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the petitioner.
However, it is expected that the verification process would be done
expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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