Patna High Court
Ajay Singh @ Ajay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Ajay Singh was arrested in a case registered under Sections 304B and 34 of the Indian Penal Code for the alleged murder of his wife, who reportedly died after being tortured over a demand for a motorcycle. The petitioner contended that the marriage took place in 2004 and the death in 2009 was due to illness, asserting his innocence and a clean criminal record. The police had submitted a final report clearing him and recommending prosecution against the informant. The State opposed bail, but the court, noting the police report and the petitioner’s clean antecedent, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- Whether bail should be granted to the petitioner in a case under Sections 304B and 34 IPC.
- Whether the police’s final report clearing the petitioner justifies bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita can be invoked to condition bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- criminal procedure
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- police final report
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91869 of 2025
Arising Out of PS. Case No.-173 Year-2010 Thana- BUXAR COMPLAINT CASE District-
Buxar
======================================================
Ajay Singh @ Ajay Kumar Singh S/o Hari Kishun Singh R/o Village-
Kharwaniyan, P.S.- Sikraul, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jairam Singh S/o Late Mangal Singh R/o vill and P.O. - Basawn Kala, P.s.-
Sikraul, Distt.- Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Roy, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
Mr. Amit Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the O.P. No. 2.
2. The petitioner apprehends his arrest in a case
registered under Sections 304(B) and 34 of the Indian Penal
Code.
3. As per the prosecution case, informant
solemnized the marriage of his daughter with petitioner in the
year 2004. In marriage, ornaments, cloths of about Rs. 2 lakhs
were given. After some time of marriage, the husband and in
laws of informant’s daughter started demanding a motorcycle
from her. Due to non-fulfillment of the same, she was tortured
and ill treated. It is further alleged on 01.11.2009, informant
Patna High Court CR. MISC. No.91869 of 2025(3) dt.06-04-2026
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received information in telephone that his daughter has been
murdered.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case. Further submission is that
the marriage was solemnized in the year 2004 and death of the
informant’s daughter was in the year 2009 due to illness. Police
has submitted the final form and found allegation false and
recommended prosecution against the informant, however, on
the Protest petition, the complaint case was registered. Petitioner
has got no criminal antecedent and he undertakes to cooperate in
the trial.
5. Learned A.P.P. for the State and learned counsel for
the O.P. No. 2 opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, police
has submitted final form and clean antecedent of the petitioner,
let the above named petitioner be released on bail, in the event
of arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate-I,
Patna High Court CR. MISC. No.91869 of 2025(3) dt.06-04-2026
3/3
Court No. 5, Buxar in connection with Protest Complaint Case
No. 173(C) of 2010, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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