Created by Fuzzy Cloud

Patna High Court

Rakesh Kumar Ray @ RakeshversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted as the allegations of dowry death and related offences are serious and the investigation against the petitioner remains pending.

Summary

The petitioner, Rakesh Kumar Ray, applied for bail in a case registered under Sections 304B, 498A, 201 of the Indian Penal Code and a provision of the Dowry Prohibition Act, alleging that he was falsely implicated in the alleged dowry‑death of his wife Nitu Kumari. The FIR was lodged after the wife was reported missing and later presumed murdered, with the petitioner and his family accused of killing her and concealing the body. The petitioner claimed innocence, asserted that co‑accused had already obtained anticipatory bail, and highlighted his clean criminal record. The State opposed bail, emphasizing the seriousness of the dowry‑death allegation and that investigation against the petitioner was still pending. The court, after considering the gravity of the offences and the ongoing investigation, refused to grant bail, rejecting the petition.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences (dowry death, cruelty, and concealment of evidence) and pending investigation.
  • Whether the grant of anticipatory bail to co‑accused influences the petitioner's bail application.

Legislation cited

Subjects

  • bail
  • dowry death
  • IPC
  • criminal procedure
  • anticipatory bail
  • investigation
  • charge-sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78183 of 2025
                       Arising Out of PS. Case No.-43 Year-2024 Thana- MAHNAR District- Vaishali
                 ======================================================
                 Rakesh Kumar Ray @ Rakesh Son of Ram Pravesh Ray, Resident of Village
                 -Bhauwa, ward no 16, Police Station -Patori, Dist- Samastipur. P/A- Jhausa
                 Road, Sarswati Colony, Thanesar, P.S.- krishna Gate, Dist- Kurukshetra
                 Haryana

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Ms. Sweety Sinha, Advocate
                 For the State           :        Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

3   26-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Mahnar P.S. Case No. 43 of 2024, dated

                   21.02.2024, registered for the offences punishable under

                   Sections 304(B), 498(A) and 201 of the Indian Penal Code and

                   ¾ of D.P. Act.

                                 3. The F.I.R. has been lodged under Section 156(3)

                   Cr.PC on complaint petition dated 26.07.2023 filed before

                   learned jurisdictional Chief Judicial Magistrate and as per the

                   allegation, the deceased was married with the petitioner on

                   10.03.2017 as per Hindu Customs and Rites. However, after the

                   marriage, illegal demand of dowry started and on account of
Patna High Court CR. MISC. No.78183 of 2025(3) dt.26-02-2026
                                            2/4




          non-fulfillment of the same, the deceased was subjected to

          torture by the petitioner and his family members. In the course

          of time, one son and one daughter also born to her. It is also

          falsely alleged by the petitioner that the deceased-wife was

          having illicit relationship with her father-in-law and brother-in-

          law. On 20.07.2023 no contact could be made between the

          deceased/Nitu Kumari and her family members, they developed

          suspicion about her not being in this world. Hence, they went to

          the matrimonial house of the deceased but they could not find

          the deceased in her house. The petitioner and his all family

          members were absconding from the house and on inquiry about

          the deceased, the mother-in-law/Patasia Devi told them that she

          had left their house after leaving behind the children, but later

          on he came to know that petitioner and his other family

          members had killed Nitu Kumari and they made the dead body

          of the deceased disappeared in the area of Mahnar Police Station

          so that the father and her family members may be falsely

          implicated by them and when the informant and his family

          members started taking the children, they were snatched by the

          petitioner and his family members and despite written report to

          the police, they did not lodge the case and hence, criminal

          complaint was filed on which F.I.R. was lodged under Section
Patna High Court CR. MISC. No.78183 of 2025(3) dt.26-02-2026
                                            3/4




          156(3) Cr.PC.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in this

          case. She further submits that petitioner is husband and his other

          family members, who are co-accused, have already got

          anticipatory bail. She further submits that as a matter of fact, the

          wife of the petitioner has been killed by the family members of

          her maike and hence, he has already lodged Mahnar P.S. Case

          No. 215 of 2023 for offence punishable under Sections 302 and

          201 read with Section 34 of of the Indian Penal Code. She

          further submits that as per the investigation, charge-sheet has

          been submitted against co-acucsed, Soni Devi @ Soniya Devi

          and the supplementary investigation against the petitioner and

          other co-accused are still pending.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedent.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the fact that there is allegation of
           Patna High Court CR. MISC. No.78183 of 2025(3) dt.26-02-2026
                                                       4/4




                     dowry death and one of the co-accused has been already charge-

                     sheeted and investigation is pending against the petitioner and

                     other co-accused, I am not persuaded to enlarge the petitioner on

                     bail.

                                  9. Accordingly, the prayer for bail of the petitioner

                     stands rejected.


                                                                    (Jitendra Kumar, J.)
ravishankar/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.