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Patna High Court

Dhaneshwar Kumar PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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/-

U          T


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