Patna High Court
Ajay RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to a bond and conditions.
Summary
The petitioners Ajay Ram, Laxmi Devi and Vikash Kumar were arrested in connection with a dowry‑related homicide (Piyar PS Case No. 140 of 2024) and have been in judicial custody since 5 January 2026. The FIR alleges offences under Sections 126(2), 115, 85, 103(1) and 3(5) of the Bihar Negotiable Instruments Act, but the petitioners contend that the allegations against them are vague, they have clean antecedents and no specific charge of assault or dowry demand is made against them. The State opposed bail, arguing the seriousness of the offence. The Court examined the lack of specific allegations, the petitioners' clean record and their familial distance from the deceased, and consequently granted bail on a Rs.10,000 bond with two sureties and several conditions regarding trial cooperation, non‑tampering of evidence and verification of antecedents. The bail order directs the lower court to cancel the bond if conditions are breached.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the dowry‑death allegations.
- Whether the FIR contains specific allegations against the petitioners sufficient to deny bail.
- Whether the petitioners' clean antecedent and lack of direct involvement justify release on bail.
Legislation cited
- Bihar Negotiable Instruments Act (BNS) — s. 103(1), 115, 126(2), 3(5), 85
Subjects
- bail
- dowry death
- criminal procedure
- charge sheet
- antecedent
- trial cooperation
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19074 of 2026
Arising Out of PS. Case No.-140 Year-2024 Thana- PIYAR District- Muzaffarpur
======================================================
1. Ajay Ram S/o- Late Rudal Ram Vill- Mohanpur PS- Piyar District-
Muzaffarpur
2. Laxmi Devi W/o- Ajay Ram Vill- Mohanpur PS- Piyar District- Muzaffarpur
3. Vikash Kumar S/o- Ajay Ram Vill- Mohanpur PS- Piyar District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhuti Kumar, Adv.
For the Opposite Party/s : Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-05-2026 Heard Mr. Vibhuti Kumar, learned counsel for the
petitioners and Mr. Ataur Rahman, learned APP for the State.
2. The petitioner seeks bail, who is in custody since
05.01.2026 in connection with Piyar P.S. Case No. 140 of 2024,
F.I.R. dated 03.08.2024 registered for the offence under Sections
126(2), 115, 85, 103(1) and 3(5) of BNS.
3. The prosecution case, in brief, is that daughter of
the informant was married about ten years ago to one Kanchan
Ram. After marriage, she was allegedly harassed by her husband
and in-laws over dowry. On 01.08.2024, she informed her
Patna High Court CR. MISC. No.19074 of 2026(3) dt.01-05-2026
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mother about being assaulted and threatened. The petitioners
have beaten her on instigation of her husband. On 02.08.2024,
the informant was informed by the villagers that his daughter
had been killed. Upon reaching her matrimonial home, he found
her dead body and the accused absconding.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedent. The allegation as alleged in
the FIR is false and fabricated and the petitioners have
committed no offence as alleged in the FIR. Although the
petitioners are named in FIR, but from bare perusal of the FIR,
it appears that there is no specific allegation of any assault, over
act or demand of dowry attributed against them rather there is
general and omnibus allegation against all the accused persons
including these petitioners. Petitioner no.1 is the brother-in-law,
petitioner no.2 is sister-in-law and petitioner no.3 is nephew of
the deceased and they are living separately from the deceased’s
family. They have no concern at all with the family affairs of the
deceased. The police, after investigation, submitted the charge-
sheet against the petitioners. The petitioners are languishing in
judicial custody since 05.01.2026.
5. Learned APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioners.
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6. Considering the aforesaid facts, petitioners have
clean antecedent, there is no specific allegation of any assault,
over act or demand of dowry attributed against them, they are
in-laws of the deceased and living separately from the
deceased’s family, let the petitioners, above named, be released
on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned ACJM-X, East Muzzafarpur in connection with Piyar
P.S. Case No. 140 of 2024, with the following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Abhishek/-
U T
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