Patna High Court
Dharamdeo Rai @ Bhagatii @ Dharmdeo @ Bhagat JiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Dharamdeo Rai, was arrested on 8 September 2025 in connection with a case alleging assault and death of the informant's daughter, charged under several sections of the B.N.S. and the Dowry Prohibition Act. He contended that he has a clean criminal record, was implicated solely because he is the victim's father‑in‑law, and that the FIR was filed seven days after the alleged incident without explanation, with no specific allegation against him. The prosecution opposed bail, emphasizing the seriousness of the offences. The Court examined the lack of specific charges against the petitioner, his clean antecedent, and the delay in filing the FIR, and concluded that these factors warranted bail. Accordingly, the Court ordered his release on bail of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences charged.
- Whether the delay in filing the FIR and the absence of specific allegations against the petitioner justify bail.
- Whether the petitioner’s clean antecedent and alleged false implication affect the bail decision.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 3(5), 80, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- criminal procedure
- assault
- dowry death
- clean antecedent
- delay in FIR
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89960 of 2025
Arising Out of PS. Case No.-325 Year-2025 Thana- BACHHWARA District- Begusarai
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Dharamdeo Rai @ Bhagatii @ Dharmdeo @ Bhagat Ji Son of Late Siyaram
Rai @ Sogarath Rai R/V- Rachiyahi Rasidpur, P.S.- Bachhwara, Dist.-
Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
For the Informant : Mr. Sandip Kumar Gautam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Ajay Kumar, learned counsel for the
petitioner, Mr. Sandip Kumar Gautam, learned counsel for the
Informant and Mr. Syed Ehteshamuddin, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
08.09.2025, in connection with Bachhwara P.S. Case No. 325 of
2025, F.I.R. dated 07.09.2025 registered for the offences
punishable under Sections 115(2), 126(2), 109, 85 and 3(5) of
the B.N.S., Section 3/4 of the Dowry Prohibition Act and later
on Section 80 of the B.N.S. was added.
3. Allegation against the petitioner is that he along
with others assaulted the informant’s daughter and left her in an
unconscious state near her mousi’s house and later the victim
died.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.89960 of 2025(2) dt.20-01-2026
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petitioner has clean antecedent and he has been falsely
implicated in the present case merely on the ground that he is
father-in-law of the deceased. From perusal of the F.I.R. it
appears that there is no specific allegation of any assault or
overt act against the petitioner rather there is general and
omnibus allegation against all the accused persons including the
petitioner. He further submits that the date of occurrence as
alleged in the F.I.R. is 31.08.2025 but the present F.I.R. was
instituted on 07.09.2025 after delay of seven days without
giving any explanation of delay and the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 08.09.2025.
5. Learned Additional Public Prosecutor for the State
as well as learned counsel for the Informant, on the other hand,
vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is having clean antecedent and he
has been made accused merely on the ground that he is father-
in-law of the deceased and there is no specific allegation against
the petitioner in the F.I.R., let the petitioner, above named, 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
Patna High Court CR. MISC. No.89960 of 2025(2) dt.20-01-2026
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satisfaction of learned Chief Judicial Magistrate, Begusarai in
connection with Bachhwara P.S. Case No. 325 of 2025, subject
to the following conditions :-
(i) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(ii) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(iii) And, further condition that 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 antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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