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Dharamveer Ray v. The State of Bihar

Patna HC17 Jan 2026CR. MISC./47209/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.47209 of 2025, decided 17-01-2026 by Sandeep Kumar, J. Anticipatory bail allowed in dowry-torture FIR (Bhaktiyarpur/Bakhtiyarpur P.S. Case No. 149 of 2025) under BNS 2023 Sections 126(2), 115(2), 85, 74, 75(2), 352, 351(2), 3(5). Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 relied on. Bail bonds Rs.10,000/- each with two like sureties before A.C.J.M.-III, Barh, Patna; conditions under Section 482(2) BNSS. Informant/O.P. No.2 unrepresented despite service.

What did the court decide?

Anticipatory bail allowed; petitioners to be released on bail upon arrest or surrender within four weeks on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each before learned A.C.J.M.-III, Barh, Patna/concerned court below, subject to conditions under Section 482(2) of the BNSS.

Dharamveer Ray Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend arrest in Bhaktiyarpur P.S. Case No. 149 of 2025 (offences under Sections 126(2), 115(2), 85, 74, 75(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023), are entitled to anticipatory bail.

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Court's answer

Considering the aforesaid facts and the law laid down by the Hon'ble Supreme Court in Arnesh Kumar V/s State of Bihar & Anr, (2014) 8 SCC 273, the application for anticipatory bail stands allowed.

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Ratio / Principle

In the event of arrest or surrender within four weeks in the Court below, the petitioners are to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Barh, Patna/concerned court below, subject to the conditions laid down under Section 482(2) of the BNSS.

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Detailed headnote1 paragraphs

Anticipatory bail — Pre-arrest bail granted to three accused in Bhaktiyarpur P.S. Case No. 149 of 2025, registered under Sections 126(2), 115(2), 85, 74, 75(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, arising from allegations of torture and assault of the informant over non-fulfilment of a dowry demand. Counsel for the petitioners (submitting that petitioner nos. 1 and 2 are brothers of the husband and petitioner no. 3 the father-in-law of the informant, with general and omnibus allegations) pleaded innocence; the State opposed; none appeared for O.P. No. 2 despite valid service of notice. Relying on Arnesh Kumar V/s State of Bihar & Anr, (2014) 8 SCC 273, Sandeep Kumar, J. allowed the application: upon arrest or surrender within four weeks, release on bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Barh, Patna/concerned court below, subject to the conditions under Section 482(2) of the BNSS.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47209 of 2025

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Arising Out of PS. Case No.-149 Year-2025 Thana- BAKHTIYARPUR District- Patna

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

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1. Dharamveer Ray S/O Ram Ikbal Ray R/O Vill.- Hardaspur, P.S.Bakhtiyarpur, Dist.- Patna.

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Nawal Ray S/O Ram Ikbal Ray R/O Vill.- Hardaspur, P.S.- Bakhtiyarpur, Dist.- Patna.

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Ram Ikbal Ray S/O Ramjee Ray R/O Vill.- Hardaspur, P.S.- Bakhtiyarpur, Dist.- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Chandani Kumari wife of Harendra Ray Resident of village- Hardaspur, P.S.- Bakhtiyarpur,Patna

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Ashok Kumar Kashyap For the Opposite Party/s : Mr. Zainul Abedin ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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5 17-01-2026 Heard the learned counsel for the petitioners and

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learned counsel for the State. Despite valid service of notice, none had appeared for the O.P. No. 2.

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2 . The petitioners apprehend arrest in connection with Bhaktiyarpur P.S. Case No. 149 of 2025 registered for offences under Sections 126(2), 115(2), 85, 74, 75(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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3 . As per the prosecution case, the petitioners are accused of torturing and assaulting the informant due to nonfulfillment of demand of dowry.

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4 . Learned counsel for the petitioners submits that

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Patna High Court CR. MISC. No.47209 of 2025(5) dt.17-01-2026 2/2

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petitioners are quite innocent and have not committed any offence. He further submits that the petitioner nos. 1 and 2 are the brothers of the husband of the informant and the petitioner no. 3 is the father-in-law of the informant and there is general and omnibus allegation against them.

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5 . Learned APP for the State has vehemently opposed the prayer for bail.

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6 . Considering the aforesaid facts and the law laid down by the Hon’ble Supreme Court in the case of Arnesh Kumar V/s State of Bihar & Anr, (2014) 8 SCC 273 , this application for anticipatory bail stands allowed.

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7 . Accordingly, let the petitioners, above-named, in the event of their arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,-III, Barh, Patna/concerned court below in connection with Bhakhtiyarpur P.S. Case No. 149 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

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(Sandeep Kumar, J)

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Shishir/-

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U T

Dharamveer Ray v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dharamveer Ray v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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