Patna High Court
Mritunjay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that due to the specific and direct nature of the accusations, the gravity of the offences and the delay in filing the FIR, anticipatory bail could not be granted to the petitioner.
Summary
Mritunjay Kumar Singh applied for anticipatory bail after being implicated in a dowry‑related case involving alleged torture, harassment and attempted burning of his wife, the informant. The prosecution alleged offences under several sections of the B.N.S. and the Dowry Prohibition Act, claiming the petitioner participated in demanding a car as dowry and in the violent assault on 30‑07‑2025. The petitioner argued innocence, clean antecedents, and highlighted a 25‑day delay in filing the FIR, contending that the case was filed to harass him. The State opposed bail, emphasizing the petitioner’s direct involvement as the husband of the victim and the seriousness of the charges. The court examined the specificity of the accusations, the gravity of the offences and the delay in the FIR, and concluded that anticipatory bail could not be granted. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious allegations under the B.N.S. and Dowry Prohibition Act.
- Whether the 25‑day delay in lodging the FIR defeats the petitioner’s claim for bail.
- Whether the petitioner, being the husband of the informant, can claim parity with other co‑accused for bail relief.
Legislation cited
- B.N.S. — s. 3(5), 62, 64, 82(1), 85, 88
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- criminal procedure
- delay in FIR
- B.N.S. sections
- Dowry Prohibition Act
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2068 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
Mritunjay Kumar Singh S/O Ajay Kumar Singh Resident of Village Pipra
Khem, Police Station - Kalyanpur, District - East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sweta Kumari D/O Brij Kishore Sharma, W/o Mritunjay Kumar Singh
Resident of Village - Shankar Saraiya, Babu Tola, Police Station -
Turkauliya, District - East Champaran, At present-Village-Piprakhem, PS-
Kalayanpur, Dist-East champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ramakant Sharma, Sr. Advocate
Mr. Adarsh Prasar, Advocate
Mr. Mayank Raj, Advocate
Mr. Rahul Singh, Advocate
For the State : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 31-03-2026 Heard learned senior counsel appearing on behalf of
the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 82(1), 85,
88, 64, 62 and 3(5) of the B.N.S. and Sections 3 and 4 of the
Dowry Prohibition Act.
3. The prosecution case, in brief, is that marriage of
informant was solemnized with this petitioner on 08.02.2023
and thereafter, all the F.I.R. named accused persons, including
this petitioner, started demanding a car as dowry for which the
Patna High Court CR. MISC. No.2068 of 2026(3) dt.31-03-2026
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informant was also tortured and harassed. It is further alleged
that on 30.07.2025, the accused persons assaulted her,
strangulated her with Gamcha and poured kerosene oil on her
and were going to burn her, however, due to intervention of the
police, she was somehow saved.
4. It is submitted by learned senior counsel appearing
on behalf of the petitioner that petitioner is quite innocent and
has committed no offence. Petitioner is husband of the
informant and has falsely been implicated in this case only with
a view to harass and humiliate him. Admittedly, the alleged
occurrence, took place on 30.07.2025, however, the present
F.I.R. has been lodged after inordinate delay of 25 days on
24.08.2025 and there is no plausible explanation for the same
which itself makes the entire prosecution case doubtful. From
bare perusal of the F.I.R. it is apparent that specific accusation
of overt act has been levelled against co-accused Vishal Singh
and Komal Singh, who have already been granted the privilege
of anticipatory bail by a Co-ordinate Bench of this Hon’ble
Court vide order dated 23.02.2026 passed in Cr. Misc. No.
91426 of 2025. It is further submitted that co-accused Ajay
Kumar Singh has also been granted regular bail by a Co-
ordinate Bench of this Hon’ble Court vide order dated
Patna High Court CR. MISC. No.2068 of 2026(3) dt.31-03-2026
3/3
15.01.2026 passed in Cr. Misc. No. 309 of 2026. Petitioner
claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and is husband of the informant and thus, he cannot claim parity
with other accused persons who are in-laws of the informant.
Moreover, there is specific accusation against this petitioner that
he, along with other accused persons, committed torture and
harassment with the victim due to non-fulfillment of additional
demand of dowry and also attempted to burn the victim alive by
pouring kerosene oil over her.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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