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Patna High Court

Dinesh PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in view of the petitioner’s clean antecedent and the absence of any specific allegation of assault or dowry demand in the FIR, bail should be granted subject to conditions.

Summary

The petitioner, Dinesh Patel, was arrested on 25‑08‑2025 in connection with a case alleging torture and death of the informant’s daughter over a dowry demand, invoking Sections 80, 61(2), 3(5) of the B.N.S., 2023 and Section ¾ of the Dowry Prohibition Act. The petitioner pleaded that he has a clean antecedent, the FIR contains only a generic allegation against all accused, and the deceased had apparently committed suicide, making the charges unfounded. The State opposed bail, contending that the petitioner was named in the FIR and participated in the crime. The Court examined the lack of specific allegation of assault or dowry demand and the petitioner’s clean record, and consequently ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay for verification purposes.

Issues considered

  • Whether bail should be granted to the petitioner given the allegations of dowry‑related torture and death.
  • Whether the FIR contains a specific charge of assault or dowry demand sufficient to deny bail.
  • Whether the petitioner’s clean criminal antecedent warrants bail despite the serious nature of the accusations.

Legislation cited

Subjects

  • bail
  • dowry prohibition
  • criminal antecedent
  • FIR
  • suicide
  • Section 80 B.N.S.
  • Section 61(2) B.N.S.
  • Section 3(5) B.N.S.
  • Section ¾ Dowry Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1894 of 2026
                   Arising Out of PS. Case No.-281 Year-2025 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Dinesh Patel S/O Late Kanchan Patel Resident of Village- Bhediyari Sirisiya
                 Patel Tola, P.S- Adapur, Distt.- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Informant        :       Mr. Sumit Kumar Gupta, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-01-2026                    Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioner, Mr. Sumit Kumar Gupta, learned counsel for the

                   Informant and Mr. Pramod Kumar Pandey, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   25.08.2025, in connection with Adapur P.S. Case No. 281 of

                   2025, F.I.R. dated 24.07.2025                registered for the offences

                   punishable under Sections 80, 61(2), 3(5) of the B.N.S., 2023

                   and Section ¾ of the Dowry Prohibition Act.

                                3. Allegation against the petitioner is of committing

                   torture and caused death to the daughter of the informant due to

                   non-fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.1894 of 2026(2) dt.19-01-2026
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          petitioner has clean antecedent and he has been falsely

          implicated in the present case.              He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          It appears from the F.I.R. that although the petitioner is named

          in the F.I.R. but there is no specific allegation of any assault or

          overt act or demand of dowry attributed against the petitioer

          rather there is general and omnibus allegation against all the

          accused persons including the petitioner and petitioner has been

          made accused merely on the ground that the petitioner is father-

          in-law of the deceased. From perusal of the F.I.R. it appears

          that the informnat is not eye witness of the alleged occurrence.

          Learned counsel for the petitioner further submits that the

          deceased has committed suicide herself and the police after

          investigation submitted chargesheet against the petitioner and

          the petitioner is in custody since 25.08.2025.

                       5. The learned Additional Public Prosecutor for the

          State as well as learned counsel for the Informant, on the other

          hand, vehemently opposed the prayer for bail of the petitioner

          and submits that the petitioner is named in the F.I.R. and he has

          participated in the present crime in question.

                       6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.1894 of 2026(2) dt.19-01-2026
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          and the fact that the petitioner having clean antecedent and there

          is no specific allegation of any assault or overt act or demand of

          dowry in the F.I.R., let the petitioner, above named, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of       learned      Sub-Divisional Judicial Magistrate,

          Raxaul at Motihari, East Champaran in connection with Adapur

          P.S. Case No. 281 of 2025, subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage, it is found that the petitioner has concealed his

          criminal antecedents, the court below shall take step for

          cancellation of bail bond of the petitioner.            However, the

          acceptance of bail bonds in terms of the above-mentioned order
               Patna High Court CR. MISC. No.1894 of 2026(2) dt.19-01-2026
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                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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