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Patna High Court

Durlav Kumar Sada @ Durbal Kumar Sada @ Durbal SadaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that, given the seriousness of the dowry‑death and murder allegations and the absence of a prima facie case in favor of the petitioner, anticipatory bail could not be granted.

Summary

The petitioner, Durlav Kumar Sada, sought anticipatory bail after being implicated in a case (PS Case No‑140/2024) alleging his involvement in the dowry‑related murder of his wife’s sister. The prosecution alleges that the deceased was tortured for dowry demands and subsequently killed by hanging, with the petitioner named among the accused. The petitioner contended that the marriage was a love marriage, he never demanded dowry, and the allegations are false, asserting his innocence and clean antecedents. The State opposed the bail, emphasizing the gravity of the charges under Sections 304B, 201 and 34 of the IPC. The court, considering the seriousness of the accusations and the fact that the death occurred within seven years of marriage under unnatural circumstances, refused the anticipatory bail application. Consequently, the petitioner remains liable to arrest under the pending criminal proceedings.

Issues considered

  • Whether anticipatory bail under Section 438 of the CrPC should be granted in a case involving alleged dowry death and murder under IPC Sections 304B, 201 and 34.
  • Whether the allegations constitute a prima facie case sufficient to deny bail.
  • Whether the petitioner's claim of innocence, clean antecedents, and lack of dowry demand affect the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • IPC 304B
  • IPC 201
  • IPC 34
  • murder
  • Criminal Procedure Code
  • false allegations
  • love marriage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4333 of 2026
                      Arising Out of PS. Case No.-140 Year-2024 Thana- BELDOUR District- Khagaria
                 ======================================================
                 Durlav Kumar Sada @ Durbal Kumar Sada @ Durbal Sada S/o- Becho Sada
                 @ Bachan Sada @ Vachan Sada Resident of Village- Murasi Ward No- 3 PS-
                 Beldaur District- Kahgaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amar Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   06-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Beldaur P. S. Case

                   No. 140 of 2024 registered for the offences punishable under

                   Sections 304(B), 201/34 of the Indian Penal Code.

                                3. As per the prosecution case, marriage of the sister

                   of informant was solemnized with this petitioner in the year

                   2023. Thereafter, it is alleged that sister of the informant was

                   subjected to torture and cruelty due to non-fulfillment of

                   demand of dowry of Rs. 1 lac and a motorcycle and

                   subsequently, all the F.I.R. named accused persons, including

                   this petitioner, killed her by hanging and disposed of her dead

                   body in the maize field.

                                4. Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.4333 of 2026(3) dt.06-04-2026
                                                          2/2




                        petitioner is innocent and has committed no offence. As a matter

                        of fact, petitioner and the deceased performed love marriage due

                        to which, her own family members killed her and lodged this

                        false and concocted case against petitioner and his family

                        members. Petitioner never demanded any dowry nor harassed

                        the deceased. Allegation against petitioner is general and

                        omnibus. Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation and the fact

                        that deceased died within seven years of marriage in her

                        matrimonial house under unnatural circumstances, prayer for

                        anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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