Sambhu Yadav @ Sambhu KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14999 of 2026
                        Arising Out of PS. Case No.-252 Year-2025 Thana- PARAIYA District- Gaya
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                 Sambhu Yadav @ Sambhu Kumar S/o Kailash Yadav R/o Village - Maranchi,
                 Jhakadbigha @ Jhagra Bigha, P.s. -Paraiya, District -Gaya
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                                     ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Durgesh Nandan
                 For the Opposite Party/s :       Mr. Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   01-05-2026         1. Heard learned counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Paraiya Police Station Case No. 252 of 2025, dated

                            24.07.2025,       disclosing        offences       under      Sections

                            123/80/3(5) of the Bhartiya Nyaya Sanhita and Sections 3

                            and 4 of the Dowry Prohibition Act.

                       3.   That the prosecution case, on the basis of fardbeyan, is

                            that the informant’s daughter Anjali Kumari (deceased)

                            was married to the petitioner in the year 2023 and at the

                            time of marriage           cash wroth of Rs. 3,00,000/-, a

                            motorcycle and other household articles were given as

                            gifts. After a few days of marriage, the petitioner and his

                            family members began demanding Rs. 2,00,000/- and

                            other articles as dowry and due to non-fulfillment of
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                   demand of dowry she informant’s daughter was subjected

                   to cruelty. It has further been alleged that on 05.07.2025,

                   the deceased was forcibly administered poison by the

                   accused persons, who took her to Magadh Medical

                   Hospital, Gaya, where she was declared dead.

              4.   Learned senior counsel for the petitioner submits that the

                   deceased was a short tempered lady and due to dispute

                   with her gotani and out of anger she herself has consumed

                   poison, when the accused persons saw her vomiting, the

                   deceased was rushed to the hospital where she died. The

                   petitioner, being the husband and father of one year old

                   child, made efforts to save deceased’s life, but failed. The

                   allegation against the petitioner is general and omnibus in

                   nature. Learned counsel, referring to paragraph no. 9 of

                   the case diary, submits that the deceased used to collect

                   milk from Kuleshwari Devi, who has stated that, on the

                   date of occurrence, like every day, the deceased came to

                   collect milk and was found vomiting, upon being asked,

                   the deceased stated that she had consumed poison.

              5. I have heard learned counsel for the parties and have

                   perused the materials available on record.

              6. From perusal of the impugned order, it appears that
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                              within two years of marriage the deceased died in her

                              matrimonial home. There is allegation of demand of

                              dowry and torture and just prior to the death of the

                              deceased on 05.07.2025 the deceased was tortured and

                              assaulted, which was informed by the deceased to her

                              mother. The nature of the death is not important whether

                              it is homicidal, suicidal or accidental, but the fact is that

                              deceased died an unnatural death within two years of her

                              marriage in her matrimonial home. There is presumption

                              against the petitioner under Section 117 and 118 of the

                              Bharatiya Sakshya Adhiniyam, 2023. The petitioner is

                              husband of the deceased and allegation is of dowry death.

                          7. Considering the aforesaid and nature of allegation, I am

                              not inclined to grant the petitioner the privilege of

                              anticipatory bail.

                          8. This bail application is, accordingly, dismissed.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T