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Patna High Court

Ajay Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing him to furnish the required bond and sureties.

Summary

Ajay Kumar Singh was arrested in a case alleging assault, attempted strangulation, attempted burning, and dowry-related offences under several sections of the Bihar Narcotic Substances Act and the Dowry Prohibition Act. The petitioner claimed innocence, arguing that the FIR was lodged 25 days after the alleged incident without explanation and that no specific allegation was made against him, noting that the victim was his daughter‑in‑law and that he had no prior criminal record. The State opposed bail, citing the seriousness of the charges. The court considered the delay in filing the FIR, the lack of direct evidence against the petitioner, and his prolonged custody since October 2025. It ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the trial court.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS and Dowry Prohibition Act
  • Whether the delay of 25 days in lodging the FIR and the absence of a specific allegation against the petitioner justify bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • dowry prohibition
  • assault
  • attempted murder
  • delay in FIR
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.309 of 2026
                 Arising Out of PS. Case No.-330 Year-2025 Thana- KALYANPUR District- East Champaran
                 ======================================================
                 Ajay Kumar Singh, aged about-54 years, S/o Late Ramadhar Singh R/o
                 Village - Pipra Khem, P.S - Kalyanpur, District - East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sweta Kumari D/o Brij Kishore Sharma W/o Mritunjay Kumar Singh, At
                 present R/o Viilage - Shankar Saraiya, Babu Tola, P.S - Turkauliya, District -
                 East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rama Kant Sharma, Advocate
                                                 Mr. Adarsh Parasar, Advocate
                                                 Mr. Rahul Singh, Advocate
                                                 Mr. Mayank Raj, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. Petitioner is in custody in a case registered for the

                   offence punishable under Sections 82(1), 85, 88, 64, 3(5) of the

                   BNS and Section 3 & 4 of the Dowry Prohibition Act.

                                 3. As per allegation in the FIR, the petitioner along

                   with other accused persons alleged to have beaten the informant

                   and tried to strangulate her with the help of towel (gamcha) and

                   some other co-accused persons have also poured kerosene oil on

                   her and have tried to burn her for death. It is also alleged that
Patna High Court CR. MISC. No.309 of 2026(2) dt.15-01-2026
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          the accused persons were demanding Mahindra XUV 500 Car

          and also exploited her mentally and physically and co-accused

          persons, namely, Vishal Singh and present petitioner Ajay

          Kumar Singh have also tried to make illicit relationship with her

          forcibly.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in this

          case. He next submits that marriage of the victim lady was

          solemnized with the son of the petitioner on 08.02.2023 and as

          per allegation in the FIR, the said occurrence had taken place on

          30.07.2025 at 1:00 P.M but the FIR was lodged on 24.08.2025

          after a delay of 25 days without any plausible explanation. He

          next submits that petitioner is the father-in-law of the petitioner

          and there is no specific allegation against the petitioner. He

          submits that petitioner is in custody since 15.10.2025 and has

          got no criminal antecedent as stated in para-3 of the bail

          petition.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, submission of learned counsel for the petitioner and

          period of custody of the present petitioner, let the above-named
             Patna High Court CR. MISC. No.309 of 2026(2) dt.15-01-2026
                                                         3/3




                       petitioner be released on bail, on his furnishing bail bonds of

                       Rs.10,000/-(Ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned District & Additional Sessions

                       Judge, Exclusive Special Judge (Rape & POCSO Cases) East

                       Champaran, Motihari in connection with Kalyanpur P.S. Case

                       No.330 of 2025.



                                            (Ramesh Chand Malviya, J)
Harshita/-

U       T


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