Patna High Court
Ajay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Bihar Narcotic Substances Act — s. 3(5), 64, 82(1), 85, 88
- Dowry Prohibition Act — s. 3, 4
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
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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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