Patna High Court
Chandeshwar Ray @ Chaneshwar Ray @ Chandeshar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Chandeshwar Ray, a 79‑year‑old father‑in‑law, was implicated in a case (Raghopur P.S. Case No. 215 of 2025) for offences under Sections 80 and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act, alleging dowry demand and the murder of his daughter‑in‑law. He contended that the allegations were false, that he had taken the deceased to the hospital and post‑mortem, and that he had no intention to flee. The Additional Public Prosecutor opposed bail. The High Court, after hearing both sides, ordered the petitioner’s release on bail of Rs. 10,000 with two sureties, subject to conditions of appearance, verification of antecedents, and possible cancellation on default. The order emphasized that any observations made would not affect the trial. The bail was granted pending further trial proceedings.
Issues considered
- Whether bail should be granted to the petitioner accused under the B.N.S. and Dowry Prohibition Act.
- Whether the petitioner poses a flight risk or threat to the investigation.
- Whether the allegations of dowry demand and murder are substantiated.
Legislation cited
- B.N.S. — s. 3(5), 80
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry prohibition
- criminal procedure
- false implication
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85358 of 2025
Arising Out of PS. Case No.-215 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Chandeshwar Ray @ Chaneshwar Ray @ Chandeshar Ray S/O late Jhuni Ray
@ Jhunilal Ray @ Jhulani Ray @ Jhunu Ray R/O village- Mohanpur, P.S.-
Raghopur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Bela Singh, Adv.
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with
Raghopur P.S. Case No. 215 of 2025, dated 05.08.2025 instituted
for the offences under Sections 80, 3(5) of the B.N.S. and Section
3,4 of the Dowry Prohibition Act.
3. As per the informant’s case, it is alleged that her
daughter was married to one Anand Kumar and certain articles
were given as dowry. She was informed that her daughter was
killed by her in-laws and other family members. She was informed
that the dead body of her daughter was kept at N.M.C.H. and when
she reached N.M.C.H., the petitioner tried to flee. However, he
was apprehended by the Chowkidar.
4. Learned counsel for the petitioner submits that the
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petitioner has falsely been implicated in this case and in fact the
petitioner had taken the deceased (daughter-in-law) to the hospital
when her health started deteriorating. It was the petitioner, who
had taken the body of the deceased to the post-mortem house and
such reference can be found from perusal of the post-mortem
report and, therefore, had there been any intention of the petitioner,
he would have fled away from the place of occurrence. It has next
been submitted that the allegation of torture and demand of dowry
was false and the marriage had taken place almost around eight
years ago and the deceased and the son of the petitioner was living
happy conjugal life. It has lastly been submitted that the petitioner
is father-in-law and is about 79 years old and carries clean
antecedent.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions, the petitioner
above named, is directed to be released on bail 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 Additional
Chief Judicial Magistrate-XV, Vaishali at Hajipur in connection
with Raghopur P.S. Case No. 215 of 2025, subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
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petitioner;
(ii) the petitioner will remain present on each and every
date fixed by the Court below, if so required by the learned Trial
Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal antecedent
of the petitioner and in case at any stage, it is found that the
petitioner has concealed his criminal antecedent, the court below
shall take step for cancellation of bail bonds of the petitioner.
However, the acceptance of bail bonds in terms of the above
mentioned order shall not be delayed for purpose of the same on in
the name of verification.
7. It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
pravinkumar/-
U T
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