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Patna High Court

Ajay Ray @ Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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