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Patna High Court

Ganesh Kumar @ Ranjan Kumar @ Ranjan PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.3577 of 2025(4) dt.20-01-2026
                                            2/3




          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
               Patna High Court CR. MISC. No.3577 of 2025(4) dt.20-01-2026
                                                           3/3




                         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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