Patna High Court
Mohan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted bail to the petitioner subject to strict conditions.
Summary
Mohan Ray was in custody for alleged offences under Sections 304B, 498A and 34 of the Indian Penal Code relating to a dowry‑death case. His earlier bail application had been rejected, and this was his second petition for bail. The petitioner argued that he had no prior criminal record and that only two of the five witnesses had been examined. The State opposed bail, emphasizing the seriousness of the alleged torture and death, but conceded that the accused husband was also in custody. Considering the lack of antecedent, the partial witness examination, and the petitioner’s undertaking to appear diligently, the Court granted bail with a cash bond and several conditions, warning that non‑compliance would lead to cancellation.
Issues considered
- Whether bail should be granted to an accused of dowry death and related offences under Sections 304B, 498A and 34 IPC.
- Whether the fact that only two of five witnesses have been examined justifies granting bail.
- Whether the petitioner’s clean criminal record and length of custody affect the bail decision.
Legislation cited
- Indian Penal Code — s. 304B, 34, 498A
Subjects
- bail
- dowry death
- IPC 304B
- IPC 498A
- criminal antecedent
- witness examination
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.429 of 2026
Arising Out of PS. Case No.-117 Year-2024 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Mohan Ray S/O Late Bhola Ray R/O Village- Raghunathpur, P.S- Sahebpur
Kamal, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 18-03-2026 Heard Mr. Rabi Bhushan, learned counsel for the
petitioner and Mr. Jitendra Kumar Singh, learned APP
representing the State.
2. The petitioner is in custody in connection with
S.Kamal P.S. Case No. 117 of 2024 for the offence punishable
under Sections 304B, 498A and 34 of the Indian Penal Code,
lodged on 27.04.2024 by the informant Nago Yadav.
3. As per the prosecution story, the informant alleged
that the marriage of the daughter was solemnized in the year
2020 with Abhimanyu Kumar. He was residing in Delhi for his
livelihood but the family was torturing the daughter for dowry.
On 25.04.2024, while she was pregnant, was killed. They tried
to conceal the dead body, the Police was informed, reached the
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place, dead body was recovered and sent for post mortem at
Sadar Hospital, Begusarai. This followed the F.I.R..
4. Earlier, the bail application of the petitioner was
rejected on 19.04.2025 vide Cr. Misc. No. 3032 of 2025 and this
is second petition.
5. A report was called for from the Trial Court and the
letter dated 22.01.2026 shows that two out of five witnesses
have been examined.
6. Learned counsel for the petitioner submits that he
do not have criminal antecedent, only two out of five witnesses
have been examined and if granted bail, he shall be diligently
appearing in trial and failure to do so, appropriate steps be taken
for cancellation of his bail bond.
7. Learned APP opposes the prayer submitting that
allegation of torture which followed her mysterious death
cannot be ignored. He however concede that the husband is in
custody.
8. Considering the submissions of the parties as also
that he do not have criminal antecedent and is in custody since
03.08.2024 and an undertaking has been given that he shall be
diligently appearing in trial, in that background, this Court is
inclined to extend him the privilege of bail.
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9. It is made clear that failure to appear in the Trial
Court, immediate steps be taken for cancellation of his bail.
10. Let the petitioner be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of like amount each to the satisfaction of learned Chief
Judicial Magistrate, Begusarai, in connection with S.Kamal P.S.
Case No. 117 of 2024 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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