Patna High Court
Dinesh PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 3(5), 61(2), 80
- Dowry Prohibition Act — s. ¾
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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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