Akhileshwar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9656 of 2025 Arising Out of PS. Case No.-230 Year-2023 Thana- SHIVSAGAR District- Rohtas ====================================================== Akhileshwar Ray S/O Late Ram Pran Ray R/O Village- Saina, P.S- Shivsagar, Dist.- Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Uttam Devi D/O Baij Nath Singh, W/O Akhileshwar Ray R/O VillageSaina, P.S- Shivsagar, Dist.- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babu Nandan Prasad, Advocate For the State :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Shivsagar P.S. Case No. 230 of 2023, dated 09.06.2023, registered for the offences punishable under Section 498A read with Section 34 of the Indian Penal Code.
3. As per allegation, there was demand of additional dowry of Rs. 5,00,000/- subsequent to the marriage and on account of non-fulfillment of the same, she was subjected to cruelty and ousted from the matrimonial home.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.9656 of 2025(2) dt.06-03-2025 2/3 case. He further submits that as a matter of fact, marriage is not working on account of insistence of the informant/wife to live separately from his parents which is not possible for him. He further submits that there is no physical violence against the informant/wife. He also submits that the maximum punishment for the alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sasaram, Rohtas, in connection with Shivsagar P.S. Case No. 230 of 2023, subject to the
Patna High Court CR. MISC. No.9656 of 2025(2) dt.06-03-2025 3/3 conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T