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Patna High Court

Akhilesh Singh @ Dabbu Singh @ Akhilesh Kumar @ AkhileshversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied as the circumstances did not warrant its grant.

Summary

The petitioners, Akhilesh Singh and others, were named accused in a dowry death case (IPC Sections 304B, 201/34 and Dowry Prohibition Act Section 3) arising from the murder of the informant's daughter in 2018. They applied for anticipatory bail, claiming they were in Varanasi at the time of the alleged offence, supported by call records, and argued that the investigation had not conclusively linked them to the crime. The State opposed the bail, noting that the FIR was lodged in 2018, a Section 82 criminal proceeding was issued in 2024, and the post‑mortem indicated death by throttling, indicating seriousness of the charges. The Court examined the material, considered the precedent set in Lavesh v. State (2012) 8 SCC 730, and held that the pending investigation and the nature of the offences precluded the grant of anticipatory bail. Consequently, the Court rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail can be granted in a dowry death case where the FIR is several years old and a Section 82 proceeding is pending.
  • Whether the petitioner’s alibi and lack of direct evidence are sufficient to merit anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • IPC 304B
  • Section 82 CrPC
  • Dowry Prohibition Act
  • pre‑arrest bail
  • investigation delay
  • murder

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49348 of 2025
                       Arising Out of PS. Case No.-427 Year-2018 Thana- DUMRAO District- Buxar
                 ======================================================
                 Akhilesh Singh @ Dabbu Singh @ Akhilesh Kumar @ Akhilesh S/o Rana
                 Pratap Singh @ Rana Singh P/A- Shri 9/3 B, Ramjanki Dham Colony Gilat
                 Bazar, Shivpuri, Varanasi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satyendra Narayan Singh, Adv.
                 For the Opposite Party/s :       Mr. Satyendra Narayan Singh, APP
                 For the Informant        :       Mr. Shiv Nandan Singh, Sr. Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   21-01-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Dumraon P.S. Case No. 427 of 2018, registered for the

                   offences punishable under Sections 304-B and 201/34 of the

                   Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

                                3. The marriage of the daughter of the informant was

                   solemnized in the year 2015 and they also blessed with a baby

                   child. Despite the aforesaid fact, the deceased was subjected to

                   demand of dowry and on account of non fulfillment of the same,

                   she was tortured in various ways. It is also alleged that earlier

                   out of rupees four lakhs, which was being demanded by the

                   petitioner, Rs. 70,000/- has been transferred through RTGS in
Patna High Court CR. MISC. No.49348 of 2025(4) dt.21-01-2026
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          the account of the petitioner and the cash amount to the tune of

          Rs. 1,30,000/- has been given to the family members.

          Notwithstanding the aforesaid fact, on 31.10.2018, at about 10’o

          clock, the petitioner had called upon the informant’s daughter in

          the market and from where she was found traceless. Later on,

          her dead body was recovered nearby a bush, which led to

          institution of the present case.

                       4. Learned Advocate for the petitioner submitted that

          on the alleged date of occurrence, the petitioner was present in

          Varanasi and this fact has also been corroborated by the call

          details report. On the alleged date of occurrence, there had no

          communication from the mobile phone of the petitioner. In fact,

          the entire case is based upon suspicion because of not having

          good relationship between the husband and wife. The police

          during the course of investigation has found the case true only

          under Section 302/34 of the IPC against the unknown

          miscreants and recommended for submitting final report in

          favour of the petitioner. However, the Superintendent of Police

          directed for further investigation in the matter. Only on account

          of the aforesaid reason, since the petitioner had been waiting for

          the final outcome of the investigation, thus delay has occurred

          in approaching this Court.
Patna High Court CR. MISC. No.49348 of 2025(4) dt.21-01-2026
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                       5. On the other hand, learned Advocate for the State

          as well as the learned Senior Advocate for the informant

          opposed the pre-arrest bail application and submitted that

          despite that fact the FIR has been registered long back in the

          year 2018, by making the petitioner as named accused with

          specific accusation, he has been evading his arrest and on

          11.04.2024, the process under Section 82 has also been issued

          and thereafter, the petitioner has approached this Court. The

          anticipatory bail of the petitioner, on account of the aforesaid

          reason, is not maintainable in terms with the order of the Apex

          Court in the case of Lavesh Vs. State (NCT of Delhi) reported

          in (2012) 8 SCC 730. It is further contended that in course of

          investigation, the Superintendent of Police has supervise the

          matter and found the complicity of the petitioner and directed

          for attachment of the property of the petitioner on 28.06.2024

          itself. The petitioner has approached this Court after seven

          years. The body of the deceased was found in the bush and

          thereafter sent for autopsy. Further, the post-mortem report

          clearly suggest that she was done to death by throttling.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the ample materials available on record, beside the fact that the
            Patna High Court CR. MISC. No.49348 of 2025(4) dt.21-01-2026
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                      FIR was instituted long back in the year 2018 and the process

                      under Section 82 has already been issued on 11.04.2024, before

                      filing of the present application; this Court is not acceded to the

                      prayer for anticipatory bail of the petitioner.

                                   7. Accordingly, the anticipatory bail application stands

                      rejected.



                                                  (Harish Kumar, J)
shivank/-

U      T


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