Patna High Court
Ganesh Kumar @ Ranjan Kumar @ Ranjan PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the allegations were too general and lacked prima facie substance, thereby granting bail to the petitioner.
Summary
The petitioner, Ganesh Kumar, was named in an FIR (PS Dumariya Ghat Case No. 122 of 2024) for alleged offences including assault, dowry demand and attempted murder under Sections 341, 323, 342, 307, 498A, 504, 34, 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. He applied for bail, contending that the allegations were false, that his wife (the informant) had left the matrimonial home voluntarily, and that the charge of attempted murder (Sec. 307 IPC) was not supported by any prima facie evidence. The State opposed bail, arguing that the petitioner, as the husband, was responsible for the alleged assault and dowry harassment. The Court observed that the allegations of physical assault and dowry demand were vague and omnibus, and that the prima facie case for Sec. 307 IPC was not convincing. Consequently, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- What is the adequacy of the prima facie evidence to sustain the charge of attempted murder under Section 307 IPC?
- Whether the allegations of assault and dowry demand are sufficiently specific to deny bail.
Legislation cited
- Bihar Negotiable Settlement Scheme — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 307, 323, 34, 341, 342, 498A, 504, 506
Subjects
- bail
- dowry harassment
- assault
- IPC
- Dowry Prohibition Act
- prima facie
- Section 307
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3577 of 2025
Arising Out of PS. Case No.-122 Year-2024 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Ganesh Kumar @ Ranjan Kumar @ Ranjan Patel Son of Madan Patel
Resident of Village-Vishunpur, Post-Bhopatpur, P.S.-Kotwa Bhopatpur,
District-East Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rinku Kumari Wife of Ganesh Kumar @ Ranjan Kumar @ Ranjan Patel
Resident of Village-Sembhuapur, P.S.-Dumariya Ghat, District-East
Champaran, Motihari.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Adv.
Mr. Dhandev Kumar, Adv.
Ms. Isha Mishra, Adv.
For the Opposite Party/s : Mrs. Meena Singh, APP
For the Informant : Mr. Ashok Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 20-01-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with
Dumariya Ghat P.S. Case No. 122 of 2024
registered for the offences punishable under
Sections 341, 323, 342, 307, 498A, 504, 34, 506 of
IPC and Section 3 and 4 of D.P. Act.
3. The allegation against petitioner who is
the husband is to assault informant alongwith
other family members/ co-accused persons and
also raised demand for one Maruti Alto car in
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dowry. The victim was rescued by police upon dial
to no. 112.
4. It is submitted by learned counsel
appearing on behalf of the petitioner that the
informant/ O.P. No. 2 is not desirous to continue her
married life with this petitioner and therefore she
raised present false allegation. It is pointed out
that with efforts of villagers and family members
she was agreed to join her matrimonial home but
she again left the same as it is evident from bond
paper dated 15.05.2024, which is the part of the
FIR. It is submitted that there is no any such
allegation which may prima-facie satisfy the
ingredients of section 307 of the IPC. It is pointed
out that even the allegation of physical assault and
demand of dowry is appearing very much general
and omnibus in nature.
5. Learned APP duly assisted by learned
counsel for the informant while opposing the
prayer of bail submitted that the petitioner is the
husband and is only persons responsible what
happened with the informant in her matrimonial
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home.
6. In view of aforesaid factual submission
and by taking note of fact as allegation qua
physical assault and demand of dowry appears
very much general and omnibus against this
petitioner where prima-facie allegation for the
offence under section 307 of IPC also appears not
convincing, accordingly petitioner above-named, in
the event of his arrest or surrender before the
court below within a period of four weeks, is
directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the
satisfaction of the learned J.M. 1st Class, East
Champaran, Motihari /concerned Court, where the
case is pending in connection with Dumariya Ghat
P.S. Case No. 122 of 2024, subject to the conditions
as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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