Patna High Court
Dharamveer RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the petitioners' application for anticipatory bail.
Summary
The petitioners, three male relatives of an informant, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging they had tortured the informant over dowry demands. The State opposed the bail, contending the allegations warranted arrest. The petitioners argued they were innocent and that the charges were based on vague, omnibus allegations. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar regarding the misuse of anticipatory bail and the need for proportionality, the High Court granted anticipatory bail. The court ordered the petitioners to furnish bail bonds of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the provisions of the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations constitute a cognizable offence justifying arrest.
- Application of the principles laid down in Arnesh Kumar v. State of Bihar to the present bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 352, 482(2), 74, 75(2), 85
Subjects
- anticipatory bail
- dowry harassment
- Bharatiya Nyaya Sanhita
- Section 482
- cognizable offence
- bail conditions
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47209 of 2025
Arising Out of PS. Case No.-149 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
1. Dharamveer Ray S/O Ram Ikbal Ray R/O Vill.- Hardaspur, P.S.-
Bakhtiyarpur, Dist.- Patna.
2. Nawal Ray S/O Ram Ikbal Ray R/O Vill.- Hardaspur, P.S.- Bakhtiyarpur,
Dist.- Patna.
3. Ram Ikbal Ray S/O Ramjee Ray R/O Vill.- Hardaspur, P.S.- Bakhtiyarpur,
Dist.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chandani Kumari wife of Harendra Ray Resident of village- Hardaspur,
P.S.- Bakhtiyarpur,Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 17-01-2026 Heard the learned counsel for the petitioners and
learned counsel for the State. Despite valid service of notice,
none had appeared for the O.P. No. 2.
2. The petitioners apprehend arrest in connection with
Bhaktiyarpur P.S. Case No. 149 of 2025 registered for offences
under Sections 126(2), 115(2), 85, 74, 75(2), 352, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are
accused of torturing and assaulting the informant due to non-
fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.47209 of 2025(5) dt.17-01-2026
2/2
petitioners are quite innocent and have not committed any
offence. He further submits that the petitioner nos. 1 and 2 are
the brothers of the husband of the informant and the petitioner
no. 3 is the father-in-law of the informant and there is general
and omnibus allegation against them.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and the law laid
down by the Hon’ble Supreme Court in the case of Arnesh
Kumar V/s State of Bihar & Anr, (2014) 8 SCC 273, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on 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 learned
A.C.J.M.,-III, Barh, Patna/concerned court below in connection
with Bhakhtiyarpur P.S. Case No. 149 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
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