Patna High Court
Ashok Pandey @ Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail could not be granted given the seriousness of the charges of dowry death, murder and conspiracy.
Summary
The petitioner, Ashok Pandey, applied for regular bail in a case registered under Sections 304B, 201 and 120B of the Indian Penal Code, alleging that he was falsely implicated in the dowry‑related murder of the informant's daughter. The prosecution alleged that the accused, including the petitioner, killed the daughter on 23 May 2024 for non‑payment of dowry and subsequently cremated the body. The petitioner contended that the death was due to a sudden cardiac arrest, that he had no involvement in the crime, and that he possessed a clean antecedent, having been in custody since 25 June 2024. The State and the informant opposed bail, emphasizing the specific accusations of murder, conspiracy, and the concealment of the body. The court, considering the gravity of the offences and the seriousness of the allegations, rejected the bail application. It further directed the trial court to expedite the trial and conclude it within one year of the order.
Issues considered
- Whether regular bail can be granted to an accused of dowry death, murder and criminal conspiracy under Sections 304B, 201 and 120B IPC.
- Whether the seriousness of the alleged offences precludes the grant of bail.
- Whether the prolonged pre‑trial custody warrants expeditious trial.
Legislation cited
- Indian Penal Code — s. 120B, 201, 304B
Subjects
- regular bail
- dowry death
- murder
- IPC 304B
- IPC 201
- IPC 120B
- pre‑trial detention
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14499 of 2025
Arising Out of PS. Case No.-213 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Ashok Pandey @ Ashok Kumar Son of Late Chhotu Pandey @ Chhatu
Pandey Village -chkradah, P.S- Udwant Nagar, District- Bhojpur at Arrah
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kamlesh Pandey son of Late Ramjee Pandey village- Lakhawar, Ps- Ghosi,
Dist- Jahanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Verma, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, A.P.P.
For the Informant : Mr. Pawan Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 10-04-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Udwant Nagar P. S. Case No. 213 of 2024 registered for the
offences punishable under Sections 304(B), 201, 120(B) of the
Indian Penal Code.
3. Prosecution case, in brief, is that daughter of the
informant got married with co-accused Ashok Pandey in the
year 2016 and thereafter, she was subjected to torture and
cruelty for demand of dowry. It is alleged that on 23.05.2024, all
the F.I.R. named accused persons killed the daughter of
informant due to non-fulfillment of demand of dowry and
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cremated her dead body.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has been made accused in this case merely because he is
husband of the deceased. As a matter of fact, deceased died
suddenly due to cardiac arrest. Information in this regard was
given to family members of the deceased and her father also
participated in the cremation but later on, this false and
concocted case was lodged against petitioner and others.
Petitioner claims clean antecedent and is in custody since
25.06.2024.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application and submitted that there is specific accusation that
this petitioner along with others killed the deceased and without
giving any information, dead body of the daughter of informant
was cremated.
6. Considering the nature of accusation and gravity of
the offence, prayer for bail of the petitioner is rejected.
7. However, since petitioner is in custody since
25.06.2024, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
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receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
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