Patna High Court
Amit Kumar RajakversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
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
- Indian Penal Code — s. 120B, 201, 304B, 34
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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