Created by Fuzzy Cloud

Patna High Court

Mohan RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.429 of 2026(3) dt.18-03-2026
                                            2/4




          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.
Patna High Court CR. MISC. No.429 of 2026(3) dt.18-03-2026
                                            3/4




                       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
            Patna High Court CR. MISC. No.429 of 2026(3) dt.18-03-2026
                                                        4/4




                      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


Continue reading with your account

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

Sign in to read

Checking your session…

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