Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted as the court considered the gravity of the offences and the commencement of trial.
Summary
Rahul Kumar, the husband of a woman who died five months after marriage, was charged under Sections 498(A), 304(B), 201 of the IPC and Section 3 of the Dowry Prohibition Act for alleged dowry demand, torture and murder. He applied for bail for the second time, having been in custody since January 9, 2024, after the trial commenced. The Patna High Court noted the seriousness of the offences, the fact that the trial was underway, and the prior denial of bail. The court found no sufficient ground to relax custody. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the accused in a dowry death case involving Sections 498A, 304B, 201 IPC and the Dowry Prohibition Act.
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 201, 304B, 498A
Subjects
- bail
- dowry death
- IPC
- Dowry Prohibition Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47009 of 2025
Arising Out of PS. Case No.-570 Year-2023 Thana- Arwal District- Arwal
======================================================
Rahul Kumar S/O Dinesh Choudhary Resident of Village- Madan Singh ke
Tola, P.S.- Arwal, District- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate
For the State : Mr. Pawan Kumar Chaurasia, APP
For the Informant : Mr. Sanjay Kr. Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-02-2026 Heard learned counsel for the petitioner as well as the
informant and learned APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Arwal P.S. Case
No. 570 of 2023 registered for the offence under Sections
498(A), 304(B), 201 of the IPC and ¾ of the D.P. Act.
3. Earlier, the bail application of the petitioner has
been rejected by this Court vide order dated 03.07.2024 passed
in Cr. Misc. No. 45543 of 2024, which reads as under:
“Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection
with Arwal P.S. Case No. 570 of 2023 registered for the
offence punishable under Sections 498(A)/304(B)/201
of the Indian Penal Code and Section ¾ of the D.P. Act.
3. The deceased has been killed five months
Patna High Court CR. MISC. No.47009 of 2025(4) dt.10-02-2026
2/2
after marriage for demand of dowry. The petitioner is
the husband of the deceased and there is direct
allegation of demand of dowry, torture and killing the
deceased.
4. The petitioner is in jail since 09.01.2024.
5. In view of the above, this application is
dismissed.”
4. Out of eight witnesses, four witnesses have been
examined.
5. Considering the gravity of the offence and the fact
that trial has started, I am not inclined to grant bail to the
petitioner.
6. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
priyanka/-
U T
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