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Patna High Court

Rambabu RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted as the petitioner was directly implicated in a serious dowry‑death offence.

Summary

Rambabu Rai, husband of a deceased woman, feared arrest in a case registered under Sections 137(2), 140(3), 103(1), 238 and 3(5) of the B.N.S., 2023, alleging that he and others killed the informant's daughter in a dowry‑related incident. The petitioner sought anticipatory bail, arguing that the allegations were unsubstantiated. The court examined the specific and direct allegation that the petitioner, as the husband, tortured and caused the death of his wife, constituting a serious offence. Considering the gravity of the charge and the direct involvement alleged, the court found no sufficient ground to grant bail. Consequently, the anticipatory bail application was rejected.

Issues considered

  • What is the appropriate decision on the petitioner's application for anticipatory bail in light of the allegations under the B.N.S., 2023?

Legislation cited

Subjects

  • dowry death
  • anticipatory bail
  • criminal procedure
  • B.N.S. 2023
  • sections 137, 140, 103, 238, 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.356 of 2026
                    Arising Out of PS. Case No.-269 Year-2025 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Rambabu Rai S/o Ram Pravesh Rai R/o Village - Laxman Tola, Chamtha,
                 Ward No. 7, P.S - Bachhwara, District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr./Ms. Muskan Singh, Advocate
                 For the State           :        Mr. Ashok Kumar Singh, APP
                 For the Informant       :        Mr. Kuldeep Kumar, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                   Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. The petitioner apprehends his arrest in a case,

                   registered for the offence under Sections 137(2), 140(3), 103(1),

                   238 and 3(5) of the B.N.S., 2023.

                                 3. Petitioner is husband of the deceased and it is

                   alleged that just after one month of the marriage, this petitioner

                   along with others killed daughter of informant for dowry. The

                   deceased died in an unnatural circumstances at her matrimonial

                   house.

                                 4. Considering the fact that the petitioner is husband

                   of the deceased and there is specific and direct allegation against

                   him that he committed torture to her, the prayer for anticipatory
           Patna High Court CR. MISC. No.356 of 2026(2) dt.21-01-2026
                                                       2/2




                     bail of petitioner is rejected.



                                                          (Prabhat Kumar Singh, J)
anay

U      T


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