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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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