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Patna High Court

Jagdish RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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