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Patna High Court

Achhelal @ Achhelal PanditversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the allegations of homicide in dowry-related circumstances were deemed serious and the petitioner, being the husband of the deceased, could not be granted bail at this stage.

Summary

The petitioner, Achhelal Pandit, applied for anticipatory bail after being implicated in a case (PS Case No.435 of 2025) alleging his involvement in the death of his wife, who the prosecution claims was killed over dowry demands. The prosecution alleges offences under Sections 80(2), 61(1), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act, asserting that the deceased was murdered. The petitioner contended that his wife died by suicide (asphyxia due to hanging) and that the charges are false, asserting his clean antecedents. The State opposed bail, emphasizing the specific allegation in the FIR that the petitioner participated in the killing. The Court, considering the seriousness of the accusation, the marital relationship, and the unnatural death of the wife within two months of marriage, refused the anticipatory bail application. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Sections 80(2), 61(1), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3,4 of the Dowry Prohibition Act given the nature of the allegations.
  • Whether the alleged suicide of the deceased negates the prosecution’s claim of homicide for the purpose of bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • homicide
  • suicide
  • Bharatiya Nyaya Sanhita
  • Dowry Prohibition Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28554 of 2026
                     Arising Out of PS. Case No.-435 Year-2025 Thana- JAMOBAZAR District- Siwan
                 ======================================================
                 Achhelal @ Achhelal Pandit S/O Teni Pandit Resident Of Village-
                 Bahadurpur, P.s.- Jamo Bazar, District- Siwan- 841232

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Md Danish Quamar, Advocate
                 For the Opposite Party/s :      Mr. Mritunjay Kumar Nirala, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-04-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Jamo Bazar P. S.

                   Case No. 435 of 2025 registered for the offences punishable

                   under Sections 80(2), 61(1), 3(5) of the Bharatiya Nyaya

                   Sanhita and Sections 3/4 of the Dowry Prohibition Act.

                                3. As per the prosecution case, this petitioner along

                   with other accused persons killed the daughter of the informant,

                   due to non-fulfillment of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner happens to be husband of the deceased and he has

                   falsely been implicated in this case merely on suspicion. As a

                   matter of fact, the deceased committed suicide and cause of

                   death is Asphyxia due to hanging and as such, entire prosecution

                   case is false and concocted. Petitioner claims clean antecedent.
              Patna High Court CR. MISC. No.28554 of 2026(2) dt.30-04-2026
                                                          2/2




                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that petitioner is named in the

                        F.I.R. and there is specific allegation against him that he along

                        with other accused persons killed the deceased.

                                     6. Considering the nature of accusation and the fact

                        that petitioner is husband of the deceased, who died within two

                        months of marriage in unnatural circumstances in her

                        matrimonial house, prayer for anticipatory bail of the petitioner

                        is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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