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Patna High Court

Ajay Singh @ Ajay Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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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