Patna High Court

Rajan Kumar @ Rajan Kumar SinghversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Rajan Kumar, sought anticipatory bail fearing arrest in a dowry‑death case (Baikunthpur P.S. Case No. 289 of 2024) where he is alleged to have participated in the killing of the informant’s sister. The prosecution charged him under Sections 80, 103(1), 238, 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3 and 4 of the Dowry Prohibition Act. The petitioner contended that he is innocent, the FIR was lodged two days late, no specific allegation is made against him, and he has no criminal record; he also pointed to a similar co‑accused who was granted regular bail. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail subject to a bond of Rs. 15,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner in the dowry‑death case.
Whether the delay in filing the FIR and lack of specific allegations justify bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5), 61(2), 80
Dowry Prohibition Act — s. 3, 4

Subjects

anticipatory bail
dowry death
Bharatiya Nyaya Sanhita
Dowry Prohibition Act
criminal procedure
delay in FIR
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4251 of 2026
                  Arising Out of PS. Case No.-289 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Rajan Kumar @ Rajan Kumar Singh S/o Brajendra Singh R/o Village -
                 Chakiya, Chitampur, PS - Baikunthpur, District - Gopalganj At present R/o
                 Village - Vishunpur, P.S - Mashrak, District - Saran
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dharmveer, Advocate
                 For the Opposite Party/s :      Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   13-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends arrest in connection with

                   Baikunthpur P.S. Case No. 289 of 2024, instituted for the

                   offences punishable under Sections 80, 103(1), 238, 61(2), 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3/4 of

                   Dowry Prohibition Act.

                                3. The prosecution case, in short, is that, sister of the

                   informant was done to the death by the petitioner along with

                   other co-accused persons for non-fulfillment of dowry.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel for the petitioner also submitted

                   that there is delay of two days in lodging the FIR. The petitioner
             Patna High Court CR. MISC. No.4251 of 2026(3) dt.13-02-2026
                                                         2/2




                       is maternal brother of husband of the deceased and he is

                       separate in mess and business. No specific allegation has been

                       attributed against the petitioner. The petitioner has got no

                       criminal antecedent. Learned counsel for the petitioner further

                       submits that similarly situated co-accused has been granted

                       regular bail by this Court vide order dated 24.07.2025 passed in

                       Cr. Misc. No. 22114 of 2025.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances,

                       let the petitioner, above named in the event of arrest/surrender

                       before the learned Court below within a period of six weeks

                       from today, be released on anticipatory bail on furnishing bail

                       bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Baikunthpur P.S.

                       Case No. 289 of 2024, subject to the conditions as laid down

                       under Section 482(2) of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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