Patna High Court
Ajay Ray @ Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to surrender within four weeks, a bail bond and sureties, and conditions under CrPC Section 438(2) and BNSS Section 482(2).
Summary
Ajay Ray (Petitioner) sought anticipatory bail after being implicated in a complaint alleging offences under Sections 323, 341, 354, 379, 504, 120(B) and 498A of the IPC and Sections 3/4 of the Dowry Prohibition Act. He contended that the marriage took place in 2009 and the complaint filed in 2022 was false, asserting that he suffered mental instability due to alleged torture by his wife. The State opposed the bail on the basis of the FIR allegations. The Court, noting the petitioner’s denial of dowry demand, lack of risk of absconding or tampering with evidence, and the absence of the second opposite party, granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 and two sureties, and conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- What is the appropriate exercise of discretion in granting anticipatory bail in a case under Section 498A of the IPC involving alleged dowry demand and alleged torture?
- Whether the petitioner poses a risk of absconding or tampering with evidence warranting denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 120B, 323, 341, 354, 379, 498A, 504
Subjects
- anticipatory bail
- Section 498A
- dowry prohibition
- false allegations
- mental health
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67853 of 2025
Arising Out of PS. Case No.-1888 Year-2022 Thana- COMPLAINT CASE -
MUZAFFARPUR(WEST) District- Muzaffarpur
======================================================
Ajay Ray @ Ajay Kumar S/O Bhulan Ray R/o Village- Khedarpura, P.O.
Daudnagar, P.S. and District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rinku Kumari W/O Ajay Ray, D/O Harendra Ray R/O Village-
Mahammadpur, P.S- Paroo, Dist.- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 17-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State. Despite valid service of notice, there is no
appearance on behalf of the opposite party no.2 in the present case.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 323, 341,
354, 379, 504, 120(B), 498(A) of the Indian Penal Code and
Section 3/4 of the Dowry Prohibition Act.
3. The case is one under Section 498A of the I.P.C.
with the allegation of demand of Rs.5 lakh for marriage of the girl
child and two lakh for business of husband.
4. The learned counsel for the petitioner submits that the
marriage is of the year 2009 and the present case came to be
lodged in the year 2022 by way of present complaint case with
false allegations. It has specifically been submitted that it is rather
the petitioner who, on account of torture having been inflicted by
his wife, has lost his mental stability and is also undergoing
Patna High Court CR. MISC. No.67853 of 2025(4) dt.17-01-2026
2/2
treatment for the same at different places, the prescriptions of
which have been brought on record by way of Annexure-P/2.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and circumstances
and considering the fact that the case is one under Section 498A of
I.P.C. and the petitioner denies the allegations of demand of dowry
and torture and there is no chance of the petitioner absconding or
tampering with the evidence, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today, 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 Court below where the case is pending/successor Court in
connection with Complaint Case No. 1888 of 2022, subject to the
condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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