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Patna High Court

Ashok RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.

Summary

Ashok Ram, husband of Sarita Devi, was implicated in a complaint alleging assault, dowry harassment, and other offences under the IPC and the Dowry Prohibition Act. He contended that the allegations were false and filed an application for anticipatory bail fearing arrest. The State opposed the bail, while the petitioner’s counsel highlighted his clean record and lack of criminal antecedent. The court examined the seriousness of the allegations, the petitioner’s cooperation, and his family circumstances. Considering the absence of prior convictions, the court ordered that Ashok Ram be released on anticipatory bail if arrested, subject to a bail bond of Rs.10,000 and two sureties of equal amount, to be satisfied by the Sub‑Divisional Judicial Magistrate.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 438 of the CrPC to the petitioner in view of the allegations under the IPC and the Dowry Prohibition Act?

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • assault
  • IPC
  • Dowry Prohibition Act
  • family law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4544 of 2026
                 Arising Out of PS. Case No.-61 Year-2022 Thana- COMPLAINT CASE - BIRPUR District-
                                                         Supaul
                 ======================================================
                 Ashok Ram S/O Tej Narayan Ram @ Tejnarayan Ram Resident of Village -
                 Karnpatti, Ward no. 14, P.S.- Triveniganj, Dist.- Supaul.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sarita Devi W/O Ashok Ram, D/O Shyam Ram Resident of Village -
                 Karnpatti, Ward no. 14, P.S.- Triveniganj, Dist.- Supaul. Presently Vill.
                 Bahuarba, Ward no. 13, P.S.- Ratanpura, Dist.- Supaul.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhananjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Shyam Kumar Singh, APP
                 For the O.P. No.2        :      None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   29-04-2026                  1. Heard learned counsel for the petitioner, learned

                   APP for the State. No one appears for the opposite party no.2.

                                2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Complaint Case no.61C of 2022, registered under sections

                   341, 323, 379, 504, 498A, 494, 506 and 34 of the Indian Penal

                   Code and sections 3 and 4 of the D.P. Act.

                                3. As per the prosecution case, the complainant states

                   that she was married to the petitioner about 6 years ago. It

                   subsequently transpired that the petitioner was having an illicit

                   relationship with one another lady. On the complainant
Patna High Court CR. MISC. No.4544 of 2026(4) dt.29-04-2026
                                            2/3




          objecting to the relationship, she was assaulted by the petitioner

          as also the other family members. She was also tortured for

          demand of dowry of Rs. 2 lacs and ultimately the petitioner

          solemnized marriage with the co-accused. The accused persons

          have snatched her jewellery and thrown her out of the

          matrimonial home.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case only for the

          reason that he happens to be the husband of the complainant.

          The allegation of the petitioner entering into second marriage

          and of torture etc. are all false and concocted. The petitioner and

          the opposite party no.2 are blessed with three children aged 10

          years, 8 years and 6 years. The petitioner has no criminal

          antecedent and undertakes to cooperate in the case.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the facts and circumstances of the

          case, the allegations in the complaint and especially the

          petitioner not having any criminal antecedent, it is directed that

          the petitioner, above named, in the event of his arrest or

          surrender before the learned Court below within a period of four
             Patna High Court CR. MISC. No.4544 of 2026(4) dt.29-04-2026
                                                         3/3




                       weeks, be released on anticipatory bail in connection with

                       Complaint Case no.61C of 2022 on furnishing bail bond of

                       Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned Sub-Divisional

                       Judicial Magistrate, Birpur.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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