Patna High Court

Sagar Kumar Ray @ Sagar RayversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Sagar Kumar Ray, was arrested in connection with a dowry death case (Balia Belon P.S. Case No. 52 of 2025) and sought bail. He is charged under Sections 126(2), 115(2), 85, 80(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the D.P. Act. The prosecution alleges that the petitioner, together with family members, tortured and killed the deceased for non‑payment of dowry. The petitioner contended that he was falsely implicated, that no specific overt act was alleged against him, and that he has no prior criminal record. The State opposed bail, arguing that as the husband of the deceased, the presumption of involvement in a dowry death applies. The Court, considering the husband‑of‑deceased presumption and the seriousness of the charges, refused bail, directed the trial court to expedite the trial, and allowed the petitioner to re‑apply for bail after six months if the trial remains pending.

Issues considered

Whether bail can be granted to the husband of a deceased woman in a dowry death case under the Bharatiya Nyaya Sanhita and the D.P. Act.
Whether the presumption of culpability attached to the husband in dowry death cases defeats the grant of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 80(2), 85
D.P. Act — s. 3, 4

Subjects

dowry death
bail
presumption of guilt
Bharatiya Nyaya Sanhita
D.P. Act
husband of deceased
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72519 of 2025
                     Arising Out of PS. Case No.-52 Year-2025 Thana- BALIA BELON District- Katihar
                 ======================================================
                 Sagar Kumar Ray @ Sagar Ray S/O Dinesh Ray R/O Shikarpur, Mahinagar,
                 P.S- Balia Belon, Distt- Katihar.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :       Dr. Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Balia

                   Belon P.S. Case No. 52 of 2025 instituted for the offences under

                   Sections 126(2), 115(2), 85, 80(2), 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 3/4 of the D.P. Act.

                               3. Prosecution case, in short, is that the petitioner

                   alongwith the family members tortured and killed the deceased

                   for the non-fulfillment of demand of dowry.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is the husband of the deceased. Learned counsel for

                   the petitioner submits that general and omnibus allegation has
           Patna High Court CR. MISC. No.72519 of 2025(4) dt.03-02-2026
                                                       2/2




                     been made against the petitioner. No specific overt act is alleged

                     against the petitioner. It has been submitted on behalf of the

                     petitioner that the petitioner is in custody since 20.04.2025 and

                     has no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner since the

                     petitioner is the husband of the deceased, the onus lies upon him

                     in this case of dowry death and therefore, the petitioner does not

                     deserve to be released on bail.

                                  6. Considering the aforesaid facts and circumstances

                     of the case as also the petitioner being the husband of the

                     deceased, this Court is not inclined to grant bail to the

                     petitioner.

                                  7. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.

                                  8. Learned Trial Court is directed to expedite the trial.

                                  9. However, liberty is granted to the petitioner to

                     renew the prayer for grant of bail before the Trial Court if the

                     trial is not concluded within a period of six months from today.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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