Patna High Court
Ashok RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Criminal Procedure Code — s. 438
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 379, 494, 498A, 504, 506
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
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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
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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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