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Patna High Court

Amit Kumar RajakversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Amit Kumar Rajak, was charged under sections 304B, 201, 120B and 34 of the Indian Penal Code for allegedly killing his wife over a dowry demand. He applied for bail, claiming he had no criminal antecedents, that there was no dowry demand, and that the death was due to an electric shock during the COVID period, allegedly fabricated by the deceased's uncle. The State opposed the bail, asserting the petitioner was primarily responsible for the death. The court considered the seriousness of the offences, the petitioner’s marital relationship and duty towards his wife, the delay in surrendering the petitioner, and the fact that the case had been committed to the Sessions Court. Consequently, the court refused bail, rejecting the petition at this stage.

Issues considered

  • Whether bail should be granted to the accused in a dowry death case under sections 304B, 201, 120B and 34 IPC.
  • Whether the delay in surrender and the seriousness of the charges justify denial of bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • IPC
  • criminal procedure
  • pre‑trial detention
  • section 304B
  • section 201
  • section 120B
  • section 34

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48827 of 2025
                        Arising Out of PS. Case No.-202 Year-2020 Thana- KHAIRA District- Jamui
                 ======================================================
                 Amit Kumar Rajak S/o Rajendra Rajak R/o vill - Tihiya, P.S.- Khaira, Distt.-
                 Jamui
                                                                            ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Niranjan Parihar, Adv.
                 For the Opposite Party/s :       Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   12-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Khaira P.S. Case no.202 of 2020

                   registered under sections 304B, 201, 120B and 34 of the Indian

                   Penal Code.

                                3. Allegation in the F.I.R is that the petitioner killed

                   his wife on nonfulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been implicated in the case only for the reason

                   that he happens to be the husband of the deceased. As a matter

                   of fact, the petitioner was married to the deceased for the past

                   five years and there was never any demand of dowry or torture

                   and no complaint was ever filed in this regard earlier. It is

                   further submitted that during corona period the deceased had

                   died on account of electric shock, which has been converted into

                   the present case by the uncle of the deceased to want of dowry
            Patna High Court CR. MISC. No.48827 of 2025(6) dt.12-02-2026
                                                        2/2




                      for oblique motive. The petitioner is in custody since

                      28.02.2025 and no substantial progress has been made in the

                      case. The petitioner has no criminal antecedent and undertakes

                      to cooperate in the case/trial.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State on the ground that petitioner is mainly

                      responsible for the death of the deceased.

                                   6. Taking into consideration the aforesaid facts and

                      circumstances of the case and also considering the fact that

                      petitioner is the husband of the deceased, who is responsible for

                      welfare of his wife coupled with the fact that the case is of the

                      year 2020 and delay has already been caused in surrender of the

                      petitioner in the year 2025 keeping the case pending since long,

                      coupled with the fact that report with regard to stage of the case

                      also indicates that the case was reached for commitment to the

                      Court of Sessions, the Court is not inclined to grant bail to the

                      petitioner at this stage and the application is rejected.



                                                (Soni Shrivastava, J)
Harsh/-
U       T


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