Patna High Court
Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court refused to grant anticipatory bail to the petitioners.
Summary
The petitioners, comprising members of the family of Ramkishore Singh, applied for anticipatory bail in a case alleging dowry‑related murder under Sections 304B, 201 and 34 of the Indian Penal Code. The prosecution alleges that after a dowry demand of Rs.2,00,000, the niece of the informant was murdered and her body concealed by the accused, who subsequently absconded. The petitioners contend that the death was due to a neurological illness and excessive medication, that no arrest has been made since 2014, and that the investigation remains pending, characterising the case as a mistake of fact. They further argue that they have cooperated with the authorities and have not fled. The court, noting the seriousness of the alleged offences, the lapse of twelve years before filing the bail application, and the lack of any compelling reason to grant bail, refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a dowry death case under IPC Sections 304B, 201 and 34.
- Whether the delay of twelve years in filing the bail application and the pending investigation justify denial of anticipatory bail.
- Whether the petitioners' claim of death due to illness and lack of arrest constitute sufficient ground for anticipatory bail.
Legislation cited
- Indian Penal Code — s. 201, 304B, 34
Subjects
- dowry death
- anticipatory bail
- IPC 304B
- IPC 201
- IPC 34
- criminal procedure
- delay in prosecution
- investigation pending
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10300 of 2026
Arising Out of PS. Case No.-54 Year-2014 Thana- MASAUDHI District- Patna
======================================================
1. Rajnish Kumar S/o Ramkishore Singh R/o Village - Shahabaad, P.S -
Masuarhi (Masaurhi), District - Patna, State - Bihar
2. Alok Kumar S/o Ramkishore Singh R/o Village - Shahabaad, P.S - Masuarhi
(Masaurhi), District - Patna, State - Bihar
3. Daizy Kumari D/o Ramkishore Singh R/o Village - Shahabaad, P.S -
Masuarhi (Masaurhi), District - Patna, State - Bihar
4. Madhuri Devi W/o Ramkishore Singh R/o Village - Shahabaad, P.S -
Masuarhi (Masaurhi), District - Patna, State - Bihar
5. Ramkishore Singh S/o Lt. Rameqbal Sharma R/o Village - Shahabaad, P.S -
Masuarhi (Masaurhi), District - Patna, State - Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gaurav Kumar Verma
For the Opposite Party/s : Mr. Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 28-04-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Masaurhi Police Station Case No. 54 of 2014,
disclosing offences under Sections 304(B), 201, 34 of the Indian
Penal Code.
3. As per the prosecution case, informant alleges
that after the marriage of his niece with the accused/Manish
Kumar on 06.06.2009, she was subjected to cruelty and
Patna High Court CR. MISC. No.10300 of 2026(3) dt.28-04-2026
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harassment for dowry, specifically a demand of Rs. 2,00,000.
Despite payment of Rs. 1,00,000 and a motorcycle to the
accused persons, the harassment continued. Subsequently, the
informant received information that his niece has been murdered
and her dead body has been concealed by the accused persons,
who had absconded from the matrimonial home. It is alleged
that the accused committed the murder in connection with
dowry demand.
4. Learned Counsel for the petitioners submits that
the death of the deceased occurred due to neurological illness
and excessive medication, and no offence is attributable to the
petitioners. The petitioners made bona fide efforts to inform the
deceased’s family and have remained at their known address
without absconding. No arrest has been made since 2014,
indicating that custodial interrogation is not required. It is
submitted that till date neither the charge sheet nor the final
form has been submitted before the learned Court below and the
investigation is still pending despite lapse of several years. The
case has been found to be based on “mistake of fact,” with a
recommendation for submission of final report/closure. It is
further submitted that recent apprehension of arrest has arisen
despite no prior coercive action, and that the allegations against
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them are general and omnibus, with no specific role attributed.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
the present anticipatory bail application has been preferred by
the petitioners after twelve years, I am not inclined to grant the
petitioners privilege of anticipatory bail.
6. This application is, accordingly, rejected.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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