Patna High Court
Umesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
Checking your session…