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Patna High Court

Dhiraj RayversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Dhiraj Ray, a brother‑in‑law of a woman who was allegedly killed in a dowry‑related case, feared arrest under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita. The FIR alleged that the victim’s daughter was killed after a dowry demand was not met. The petitioner contended he had no involvement, was not present at the crime scene, and no specific overt act was alleged against him. The State opposed his bail, but the court noted that a similarly situated co‑accused had already been granted anticipatory bail. Considering the lack of material linking the petitioner to the offence and the precedent, the court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita.
  • Whether the prosecution has sufficient material to deny bail.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the grant of anticipatory bail in this circumstance.

Legislation cited

Subjects

  • dowry death
  • anticipatory bail
  • criminal procedure
  • Section 80
  • Section 3(5)
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20794 of 2026
                      Arising Out of PS. Case No.-74 Year-2025 Thana- GHATHO District- Samastipur
                 ======================================================
                 Dhiraj Ray S/o Lal Bahadur Ray @ Sundeshwar Ray R/o Village- Dhamoun,
                 PS- Shahpur Patory, Distt.- Samastipur


                                                                                   ... ... Petitioner/s
                                                       Versus


                 The State of Bihar                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   24-06-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 80 and 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                   3.    As per the F.I.R., informant solemnized the

                   marriage of his daughter with one Shivam Kumar in the year

                   2023. On 28.07.2025, due to non-fulfillment of dowry demand,

                   informant’s daughter, who was pregnant, killed by the accused

                   persons.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. Further submission is that
Patna High Court CR. MISC. No.20794 of 2026(3) dt.24-06-2026
                                            2/3




          no specific overt act is alleged against the petitioner. Petitioner

          is brother-in-law (Nandosi) of the victim, who has no concern

          with family affairs of the victim and her husband. Petitioner was

          not present at the place of occurrence. The husband of the

          deceased is already under custody. Similarly situated co-accused

          Satyam Kumar @ Satya Kumar has already been granted

          anticipatory bail by a Co-ordinate Bench of this Court vide order

          dated 02.06.2026 passed in Cr. Misc. No. 36201 of 2026.

          Petitioner has got one criminal antecedent in which, he is on

          bail. Petitioner undertakes to cooperate in the investigation and

          trial.

                        5. Learned A.P.P. for the State opposed the prayer for

          bail.

                         6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties and

          similarly situated co-accused person has been granted

          anticipatory bail, let the above named petitioner be released on

          bail, in the event of arrest or surrender before the learned court

          below within a period of six weeks from today, on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Additional Chief Judicial Magistrate-I, Dalsingsarai, Samastipur
            Patna High Court CR. MISC. No.20794 of 2026(3) dt.24-06-2026
                                                        3/3




                      in connection with Ghatho P.S. Case No. 74 of 2025, subject to

                      the conditions as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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