Patna High Court
Rambabu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S., 2023 — s. 103(1), 137(2), 140(3), 238, 3(5)
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
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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
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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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