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Patna High Court

Dharamdeo Rai @ Bhagatii @ Dharmdeo @ Bhagat JiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                                        3/3




                      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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