Patna High Court
Dhiraj RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 3(5), 80
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
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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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