Patna High Court
Dhaneshwar Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of any dowry demand allegation and with post‑mortem evidence indicating no unnatural death, the FIR does not prima facie establish an offence under Section 304B, warranting the grant of anticipatory bail.
Summary
The petitioner, Dhaneshwar Kumar Pandey, was named in an FIR under Section 304B of the IPC for the death of the informant's daughter, who died before reaching a hospital. The petitioner's counsel argued that the FIR lacked any allegation of dowry demand and that the post‑mortem and forensic reports showed no signs of unnatural death or poisoning. The Additional Public Prosecutor opposed anticipatory bail, citing the petitioner's involvement in another petty criminal case. The court examined the FIR, post‑mortem findings, and the absence of dowry demand, concluding that there was no prima facie case under Section 304B. Consequently, the court directed that the petitioner be released on anticipatory bail upon surrender, with a bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether an FIR under Section 304B can be sustained in the absence of any allegation of dowry demand.
- Whether the death of the informant's daughter can be presumed unnatural for the purpose of invoking Section 304B.
- Whether anticipatory bail should be granted to the petitioner given the facts and his prior criminal antecedent.
Legislation cited
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 304B
Subjects
- dowry death
- Section 304B
- anticipatory bail
- post‑mortem report
- FIR
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40080 of 2026
Arising Out of PS. Case No.-265 Year-2022 Thana- VIJAYEPUR District- Gopalganj
======================================================
Dhaneshwar Kumar Pandey Son of Chandrama Pandey Resident of Village-
Singhpur, P.S.- Vijaypur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Dubey
For the Opposite Party/s : Mr.Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Vijaypur P.S. Case
No.265 of 2022 registered under Section 304(B) of the Indian
Penal Code.
3. As per FIR, the daughter of the informant died
before reaching Dewariya hospital for better treatment. The
informant suspected that she was killed by her husband during
course of his treatment.
4. It is submitted by learned counsel appearing for the
petitioner that the present case is blatant misuse of law related
with dowry death. It is submitted that in the FIR, no allegation
for any demand of dowry was raised and on the basis of
Patna High Court CR. MISC. No.40080 of 2026(2) dt.22-06-2026
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suspicion, as the daughter of informant died before reaching the
Dewariya Hospital, the present FIR was lodged. It is submitted
that after death of the daughter of the informant, post-mortem
was conducted upon her, where the cause of death could not
ascertained. It is submitted that even FSL report negates the
death of daughter of the informant due to any poisonous
substance.
5. Arguing further, it is submitted that during post-
mortem, no external injuries/mark of violation was noticed upon
the dead body of the daughter of the informant, suggesting that
she was not assaulted physically soon before the occurrence. It
is submitted in view of aforesaid, it cannot be said that the death
of daughter of the informant was unnatural.
6. While explaining criminal antecedent, it is
submitted that petitioner found involved in one more criminal
case of petty nature, in which he is on bail.
7. Learned APP opposes the prayer of anticipatory
bail to the petitioner.
8. In view of aforesaid factual submissions and by
taking of note of fact as prima facie the post-mortem report
failed to suggest the death of the daughter of the informant as
unnatural coupled with the fact that FIR nowhere disclosed that
Patna High Court CR. MISC. No.40080 of 2026(2) dt.22-06-2026
3/3
there was any demand of dowry on the part of petitioner, where
implication prima facie appears on the basis of suspicion due to
death of daughter of the informant before reaching higher centre
of treatment, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released on
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate - 1 st Class,
Gopalganj, in connection with Vijaypur P.S. Case No. 265 of
2022, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
aniket/-
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