Patna High Court
Achhelal @ Achhelal PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 3(5), 61(1), 80(2)
- Dowry Prohibition Act — s. 3, 4
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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