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Patna High Court

Umesh RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the court found the allegations serious enough to warrant arrest.

Summary

The petitioner, Umesh Ray, sought anticipatory bail fearing arrest in a case (PS Case No. 176 of 2025) alleging offenses under Sections 126(2), 115(2), 109, 85 and 352 of the B.N.S. The prosecution alleged that the petitioner, already married to the informant Neelam Devi, married three other women, and on 11 May 2025, while intoxicated, assaulted her with a brick and a lathi, causing injuries. The petitioner contested the marriage claim, while the State argued the seriousness of the alleged assault and multiple marriages. The court examined the allegations and the gravity of the offenses, concluding that the petitioner’s apprehension did not merit anticipatory bail. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offenses under Sections 126(2), 115(2), 109, 85 and 352 of the B.N.S.

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 352, 85

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • domestic violence
  • multiple marriage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7077 of 2026
                       Arising Out of PS. Case No.-176 Year-2025 Thana- DORIGANJ District- Saran
                 ======================================================
                 Umesh Ray S/o Rajeshwar Ray R/o Village- Bhairopur Nijamat, P.S.-
                 Doriganj, Dist.- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Neelam Devi W/o Umesh Ray R/o Village- Bhairopur Nijamat, P.S.-
                 Doriganj, Dist.- Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Nalin Kumar, Advocate
                 For the State           :        Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-02-2026                      Heard Mr. Nalin Kumar, learned counsel for the

                   petitioner and Mr. Jitendra Kumar Singh, learned APP

                   representing the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Doriganj P.S. Case No. 176 of 2024 registered

                   for the offence punishable under Sections 126(2), 115(2), 109,

                   85 and 352 of the B.N.S., lodged on 13.05.2025 by the

                   informant Neelam Devi.

                                 3. As per the prosecution story, the informant alleged

                   that she is the first wife of the petitioner who tied nuptial knots

                   with two other ladies thereafter. On 11.05.2025, in a drunken

                   condition he came, abused and after throwing her on the ground
            Patna High Court CR. MISC. No.7077 of 2026(2) dt.17-02-2026
                                                        2/2




                      she was hit by a brick which caused injuries on the chest

                      whereafter he took the lathi and assaulted her brutally. She was

                      sent to the hospital which followed the F.I.R..

                                   4. Though learned counsel for the petitioner has

                      disputed the marriage with the lady, learned APP Mr. Jitendra

                      Kumar Singh opposes the prayer submitting that not only as per

                      the allegation, he performed three marriages, the first wife has

                      not even been given any expenses and the prosecution story

                      clearly show how brutally she was assaulted.

                                   5. Considering the aforesaid facts, it would be

                      appropriate that the petitioner seeks bail, the anticipatory bail

                      application stands rejected.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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