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Patna High Court

Mritunjay Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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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