Created by Fuzzy Cloud

Patna High Court

Surendra RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to a bail bond of Rs.10,000 and two sureties, with conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

Petitioners Surendra Ray and Sumit Ray sought anticipatory bail fearing arrest in a dowry case where the complainant alleged they demanded Rs.10 lakh, tortured her, burnt her hand and evicted her from the matrimonial home. The petitioners contended they were falsely implicated, noting prior cases against them were filed by disgruntled relatives and that no FIR was lodged for the alleged hand injury. They argued that granting anticipatory bail would not lead to absconding and would enable them to cooperate with the investigation. The State opposed the bail, citing the seriousness of the offences listed under the B.N.S. and the Dowry Prohibition Act. The court, after considering the submissions, ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in view of the allegations under the Dowry Prohibition Act and other sections of the B.N.S.
  • Whether the petitioners are likely to abscond, tamper with evidence or influence the investigation if bail is granted
  • Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • dowry prohibition
  • false implication
  • Criminal Procedure Code
  • B.N.S.
  • Section 438
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42637 of 2026
                   Arising Out of PS. Case No.-1 Year-2026 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
           1.     Surendra Ray Son of Naresh Ray Resident of Village- Gopalpur, P.S.-
                  Shivsagar, District- Rohtas, at present Mohalla- Gajradh, Gorakshini, P.S.-
                  Sasaram (T), District- Rohtas.
           2.    Sumit Ray @ Sumit Kumar Son of Surendra Ray Resident of Village-
                 Gopalpur, P.S.- Shivsagar, District- Rohtas, at present Mohalla- Gajradh,
                 Gorakshini, P.S.- Sasaram (T), District- Rohtas.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Rumjhum Kumari Wife of Amit Ray, D/o Late Vishwanath Pandey Resident
                 of Mohalla- Gajradh, Gorakshini, P.S.- Sasaram (T), District- Rohtas, at
                 present Village- Dhajahuha, P.S.- Chouri, District- Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Siddharth Harsh, Advocate
                 For the Opposite Party/s :      Mr. (Dr.) Kumar Uday Pratap, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026                  1. Heard      learned counsel for the petitioners and

                   learned A.P.P. for the State. No one appears on behalf of O.P.

                   No. 2.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118(1), 85, 351(2), 352 and 3(5) of the BNS as well as

                   Sections 3 and 4 of the Dowry Prohibition Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of four cases and petitioner no. 2

                   has antecedent of three cases but then the said cases were
Patna High Court CR. MISC. No.42637 of 2026(2) dt.08-07-2026
                                            2/3




          instituted by the daughters-in-law and villagers. It is next

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that informant alleges that she was

          married to Amit on 23.04.2024 and after marriage, for few days,

          she was kept well in the house but thereafter the accused

          persons started demanding dowry of Rs. 10 lakhs and for non-

          fullfilment of the demands she was tortured and even they had

          earlier burnt her hand for which she was treated and has

          evidence regarding that. It is next alleged that the accused

          persons including the petitioners ousted her from her

          matrimonial home for non-fullfilment of dowry demand.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case being

          father-in-law and brother-in-law of the informant. It is further

          submitted that though it is alleged that her hand was burnt but

          no FIR came to be instituted. It is further submitted that

          whenever any dispute arises in between the husband and the

          wife, the entire family members are implicated in a mechanical

          manner with general, omnibus and ornamental allegation. It is

          also submitted that if the privilege of anticipatory bail is granted

          to the petitioners, the petitioners will not abscond rather will

          cooperate in the investigation to prove their innocence.
           Patna High Court CR. MISC. No.42637 of 2026(2) dt.08-07-2026
                                                       3/3




                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioners.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioners, let the

                     petitioners, above-named, in the event of their arrest or

                     surrender within a period of six weeks from today, be released

                     on anticipatory bail on furnishing bail bonds of Rs.10,000/-

                     (Rupees Ten Thousand) each with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where

                     the case is pending/Successor Court in connection with Sasaram

                     Town Model P.S. Case No. 01 of 2026, subject to the conditions

                     as laid down under Section 438(2) of the Cr.P.C./482(2) of the

                     B.N.S.S.


                                                                          (Satyavrat Verma, J)

vikram/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.