Patna High Court
CR. MISC./47441/2026 of Dudhraj Rai @ Dugdhraj Rai Vs The State of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47441 of 2026 Arising Out of PS. Case No.-42 Year-2026 Thana- Bijdhari District- East Champaran ====================================================== Dudhraj Rai @ Dugdhraj Rai S/O Jangal Rai @ Jangi Rai @ Jagilal Rai R/O Village- Sundarpur
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47441 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- Bijdhari District- East Champaran ======================================================
Dudhraj Rai @ Dugdhraj Rai S/O Jangal Rai @ Jangi Rai @ Jagilal Rai R/O
Village- Sundarpur Bhagat Tola, Bijadhari, Ward No.- 9, P.S.- Bijadhari, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Abhishek Kumar, Adv.
For the State
:
Mr.Khurshid Anwar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
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ORAL ORDER
18-08-2026 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Bijadhari P.S. Case No. 42 of 2026, registered for the offences punishable under Sections 85, 103 and 3(5) of the BNS and Section ¾ of the Dowry Prohibition Act.
3. According to FIR, the accused persons including the petitioner tortured the victim variously for non-fulfillment of dowry demand and ultimately killed her.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He has further submitted that the petitioner happens to be father-in-law of the deceased, aged about 60 years. The petitioner is not named in the FIR and no allegation has been levelled by the informant against him. He has also submitted that as per the prosecution allegation, the death has happened due to hanging and, as such, the deceased has committed suicide. He has next submitted that the three children of the deceased, who have been examined in paragraph no. 40 of the case diary, have not levelled any allegation against the petitioner or even against the husband, rather, they have categorically stated that the deceased died due to diarrhoea. He has further submitted that the husband of the deceased has been taken into custody. He has also submitted that even though the petitioner is involved in three criminal cases, he has been granted bail in all these cases and has been in judicial custody since 12.04.2026.
5. On the other hand, the learned APP for the State has opposed the prayer for bail, stating therein that the petitioner happens to be father-in-law of the deceased, but has fairly stated that the petitioner is not named in the FIR.
6. Taking into account the entire facts and circumstances of the case, coupled with the fact that the petitioner happens to be father-in-law of the deceased, has not been named in the FIR and the children of the deceased have not levelled any allegation against the petitioner, rather have said that the deceased had died due to diarrhoea, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-F.C.,/concerned Court, Motihari, East Champaran in connection with Bijadhari P.S. Case No. 42 of 2026, subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial.
(ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife.
(iii) The petitioner will appear on each and every date fixed by the trial court and if, he fails to do so on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.
(iv) Before release, the learned court below shall verify the criminal antecedent of the petitioner and if he is found involved in any case other than the case as mentioned in para-3 of the bail petition, his bail bond will not be accepted.
(v) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner.
Nirmal/- (Raj Kumar, J) U T