Dashrath Rai Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

Dashrath Rai Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to furnish bail bond, whereupon the court below shall release him on bail bonds of Rs.10,000/ with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 354 of 2024, subject to cooperation in the disposal of trial and availability as and when required by the court.

Issue for consideration

Whether the petitioner, Dashrath Rai, should be released on regular bail in connection with Vaishali P.S. Case No. 354 of 2024, registered for offences punishable under Sections 85, 103(1), 238A/3(5) of BNS, 2023.

Court's answer

Considering the facts and circumstances, the petitioner is directed to furnish bail bond, and on doing so the court below shall release him on bail on furnishing bail bonds of Rs.10,000 with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 354 of 2024.

Ratio / Principle

Release on bail is subject to the condition that the petitioner shall cooperate in the disposal of the trial and make himself available as and when required by the court.

Detailed headnote1 paragraphs

Bail granted — Dashrath Rai, father-in-law of the deceased, sought regular bail in Criminal Miscellaneous No. 9618 of 2025 arising out of Vaishali P.S. Case No. 354 of 2024, registered for offences punishable under Sections 85, 103(1), 238A/3(5) of BNS, 2023. Allegation: the victim, married to the petitioner's son Sikandar Rai in 2013, was tortured over unmet dowry demands, done to death by all family members including the petitioner, and her body concealed. Counsel urged that the petitioner had no concern with the couple's day-to-day affairs, it was a love marriage, the case surfaced 11 years after the marriage, the deceased died of ailments, the mother-in-law had already been bailed by a co-ordinate Bench in Cr. Misc. No. 15859 of 2025, and the petitioner was of clean antecedents and in custody since 08.09.2024; the informant's counsel opposed. Considering these facts, the Court (Nawneet Kumar Pandey, J, 14-05-2025) directed release on bail on a bond of Rs.10,000 with two like sureties before the learned CJM, Vaishali at Hajipur, subject to cooperation in the trial and availability as required.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9618 of 2025

Arising Out of PS. Case No.-354 Year-2024 Thana- VAISHALI District- Vaishali

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Dashrath Rai S/O Late Sewak Rai Resident of Village- Khedpura, P.S.Vaishali, District- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Shyameshwar Kumar Singh For the Opposite Party/s : Mr.Uday Chand Prasad

======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 14-05-2025

Heard the learned counsel for the petitioner as well

as the learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Vaishali P.S. Case No. 354 of 2024, registered for the offences punishable under Sections 85, 103(1), 238A/3(5) of BNS, 2023.

As per allegation, the marriage of the daughter of the informant was solemnized with the son of the petitioner, Sikandar Rai, in the year 2013. After marriage, the victim was subjected to torture on account of non-fulfillment of the demand for dowry. Thereafter, the informant came to know that she was done to death by all the family members, including the petitioner, and her dead body was concealed.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.9618 of 2025(3) dt.14-05-2025 2/2

that the petitioner is the father-in-law of the deceased. He has no concern with day-to-day affairs of the couple. It was a love marriage and the case has been lodged after 11 years of the marriage. As a matter of fact, the deceased had died due to ailments. On similar footing, the mother-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 15859 of 2025. The petitioner is a person of clean antecedent and is under custody since 08.09.2024.

On the other hand, the learned counsel for the informant has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 354 of 2024, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

Nirmal/- U T