Patna High Court

Ajeet KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

The Court rejected the petitioner's anticipatory bail application.

Summary

The petitioner, Ajeet Kumar, sought anticipatory bail in connection with a criminal case (Gurua P.S. Case No. 422 of 2025) alleging his involvement in the death of the informant's daughter over a dowry demand, punishable under sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. His counsel argued that he was not present at the scene, the post‑mortem report showed no external injuries and the cause of death could not be ascertained, and that the allegations were vague and omnibus. The State opposed the bail, contending that the seriousness of the alleged offences warranted custody. The High Court, after hearing both sides, declined to grant anticipatory bail, finding the material before it insufficient to justify release. However, the Court directed that if the petitioner surrenders within six weeks, the trial court should promptly decide his surrender‑cum‑bail application on the same day, without prejudice to the rejection of anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner under sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged dowry‑related homicide.
Whether the absence of external injuries and the lack of a conclusive post‑mortem cause of death justify denial of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80

Subjects

anticipatory bail
dowry death
Bharatiya Nyaya Sanhita
criminal procedure
bail denial
murder
dowry demand

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26903 of 2026
                         Arising Out of PS. Case No.-422 Year-2025 Thana- GURUA District- Gaya
                 ======================================================
                 Ajeet Kumar S/o- Yogendra Yadav @ Jogendra Yadav Village- Kamaldhara
                 PS- Gurua District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bhaskar Shankar, Advocate
                 For the Opposite Party/s :       Mr.Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner who apprehends arrest in connection

                   with Gurua P.S. Case No. 422 of 2025 lodged on 04.12.2025,

                   for the offences punishable under sections 80, 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The accusation is of killing the daughter of the

                   informant for non-fulfillment of dowry demand.

                                4. It is submitted by learned counsel for the petitioner

                   that the petitioner, being the husband of the victim, is innocent

                   and has committed no offence. The antecedent of the petitioner

                   is clean. There is no specific allegation against the petitioner;

                   rather, the allegations are general and omnibus in nature. It is

                   further submitted that, as per the post-mortem report of the
            Patna High Court CR. MISC. No.26903 of 2026(2) dt.22-04-2026
                                                        2/2




                      victim, no external injury was found on the person of the

                      deceased, and the doctor has not been able to ascertain the cause

                      of death. Moreover, the petitioner was not present at the place of

                      occurrence on the alleged date of occurrence.

                                   5. Learned APP for the State vehemently opposes the

                      prayer for bail.

                                   6. In this background, this Court is not inclined to

                      grant bail to the petitioner. Accordingly, the prayer for bail of

                      the petitioner in connection with Gurua P.S. Case No. 422 of

                      2025, pending before the learned /Judicial Magistrate, 1st Class

                      Sherghati, Gaya is hereby rejected.

                                   7. However, if the petitioner surrenders before the

                      Trial Court within six weeks from today, the Trial Court is

                      directed to pass an order on his surrender-cum-bail application

                      on the same day, without being prejudiced by the fact that the

                      petitioner’s anticipatory bail has been rejected by this Court.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T

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