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Patna High Court

Girija RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to statutory conditions.

Summary

The petitioners, members of the Ray family, sought anticipatory bail fearing arrest in a dowry harassment case (Complaint No.997(c)/2022) filed by Chhaya Kumari Rai, who alleged cruelty, demand for Rs.7 lakh dowry, denial of medical treatment and assault. The prosecution alleged offences under Section 498 of the IPC and the Dowry Prohibition Act. The petitioners contended that the allegations were general, omnibus and unsupported, citing the complainant’s own affirmed statement that no dowry was demanded or they were not involved. The court observed that no specific case was made against the petitioners and that the matters could be addressed in the regular trial, thus finding merit in granting anticipatory bail. Accordingly, the court ordered anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including bond, sureties, appearance, non‑tampering with evidence and non‑commission of further offences.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in the dowry harassment case under Sections 498 IPC and the Dowry Prohibition Act.
  • Whether the allegations against the petitioners are specific enough to deny anticipatory bail.

Legislation cited

Subjects

  • dowry harassment
  • anticipatory bail
  • IPC 498
  • Dowry Prohibition Act
  • Criminal Procedure Code
  • bail conditions
  • family violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29967 of 2026
                 Arising Out of PS. Case No.-997 Year-2022 Thana- BUXAR COMPLAINT CASE District-
                                                         Buxar
                 ======================================================
           1.     Girija Ray Son of Late Saraju Ray Resident of Village - Mango Dihari, P.S.-
                 Rajpur, District - Buxar.
           2.    Ashwani Ray @ Ashwani Kumar Rai Son of Girija Ray Resident of Village
                 - Mango Dihari, P.S.- Rajpur, District - Buxar.
           3.    Virat Ray Son of Girija Ray Resident of Village - Mango Dihari, P.S.-
                 Rajpur, District - Buxar.
           4.    Anita Ray Wife of Ashwani Ray Resident of Village - Mango Dihari, P.S.-
                 Rajpur, District - Buxar.
           5.    Rambha Ray Wife of Virat Ray Resident of Village - Mango Dihari, P.S.-
                 Rajpur, District - Buxar.
                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Chhaya Kumari Rai Wife of Vivek Rai @ Vinit Rai D/o Srikant Rai,
                 Resident of Village - Darahpur, P.S.- Buxar (Industrial), District - Buxar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bhaskar Shankar, Advocate
                 For the Opposite Party/s :      Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

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

                   learned Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection       with      Complaint   Case     No.997(c)/2022         dated

                   07.05.2017 registered for the offences punishable under

                   Sections 498 of the Indian Penal Code and Section ¾ of the

                   D.P. Act.
Patna High Court CR. MISC. No.29967 of 2026(3) dt.24-06-2026
                                            2/4




                      3. According to prosecution case, the complainant,

          Chhaya Kumari Rai, alleged that after her marriage with Vivek

          Rai @ Vinit Rai on 07.05.2015, she was subjected to cruelty and

          harassment by her husband and the accused persons, including

          the present petitioners, for a dowry of Rs.7 lakh for purchasing a

          four-wheeler. She further alleged that despite suffering from

          severe abdominal pain, she was denied medical treatment, and

          later it was found that she had gallbladder stones, the treatment

          expenses being borne by her father. Although she returned to her

          matrimonial home in March 2020, the alleged harassment

          continued. Finally, on 14.01.2022, the accused persons allegedly

          assaulted her and drove her out of the matrimonial home,

          retaining her belongings.

                      4. Learned counsel for the petitioners, by referring to

          the complaint case, submits that there is general and omnibus

          allegation of demand of dowry against these petitioners. It is the

          case of the petitioner that they never demanded any dowry or

          ever tortured the complainant and this fact is substantiated by

          the statement recorded by the complainant by solemn

          affirmation made in the course of enquiry in the said complaint

          case.

                      5. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.29967 of 2026(3) dt.24-06-2026
                                            3/4




          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that there is no specific case against these petitioners rather the

          allegations are general and omnibus in nature and the complaint

          wants to stay with the in-laws, which issues can well be

          addressed in the duly substituted proceeding and can better be

          appreciated by the anticipatory bail application filed by the

          husband of the complainant. Accordingly, this Court is inclined

          to grant the privilege of anticipatory bail to the petitioners.

                       7. Let the petitioners, above named, in the event of

          their arrest or surrender before the Court below within a period

          of thirty days from the date of receipt of the order, 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

          the learned S.D.J.M., Buxar, in connection with Complaint Case

          No.997(c) / 2022, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure / Section

          482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other

          following conditions:-

                       (i) one of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document/personal affidavit to show his/her bona fide;
           Patna High Court CR. MISC. No.29967 of 2026(3) dt.24-06-2026
                                                       4/4




                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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