Patna High Court
Prabhat Kumar @ Prabhat Kumar ChaurasiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied pre‑arrest bail to the petitioner.
Summary
The petitioner, Prabhat Kumar, was accused of murdering the daughter of an informant over a dowry demand, with the alleged offence falling under sections 80(2) and 3(5) of the BNS. The prosecution alleged that the petitioner, along with co‑accused, assaulted the victim, leading to her death, while the defence argued that the victim died of a liver infection after being hospitalized. The State opposed the petitioner's request for pre‑arrest bail, emphasizing the seriousness of the charge and the pending forensic report. The court examined the nature of the accusation, the material on record, and the gravity of the offence. Considering these factors, the court rejected the petitioner's prayer for pre‑arrest bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under sections 80(2) and 3(5) of the BNS given the alleged dowry‑related murder.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 80(2)
Subjects
- pre‑arrest bail
- dowry death
- murder
- BNS Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5431 of 2026
Arising Out of PS. Case No.-488 Year-2025 Thana- RAMNAGAR District- West Champaran
======================================================
Prabhat Kumar @ Prabhat Kumar Chaurasiya S/o Rameshwar Chaurasiya R/o
Village - Pakari, P.S.- Ramnagar, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 80 ( 2 ) and 3 (5) of BNS.
3 . As per the prosecution case , petitioner is husband
of the deceased and it is alleged that this petitioner along with
other co-accused persons killed the daughter of informant due to
non-fulfillment of demand of dowry .
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged. As a matter of fact, the deceased suddenly became ill on
05.08.2025 and was admitted to local hospital PHC Ramnagar
but seeing no improvement, she was brought to Savitri Health
Care Hospital. Bagaha on 07.08.2025 where infection in Liver
Patna High Court CR. MISC. No.5431 of 2026(2) dt.03-02-2026
2/2
and Spleen was disclosed and thereafter, on 10.08.2025 , she
was referred to GMCH Bettiah for better treatment. The parents
and relatives of deceased pressurized to take her to Motihari for
treatment, and accordingly she was taken to Mani Hospital,
Motihari and on 13.08.2025 , deceased died during treatment.
5 . Learned counsel for the State opposed the prayer
for bail and submitted that petitioner is husband and there is
specific allegation against him is that he along with other co-
accused persons mercilessly assaulted daughter of informant for
dowry , as a result of which, she became unconscious and upon
being taken to hospital, she was declared dead. In the
postmortem report, face and upper part of chest was blacken
and F.S.L. report is still awaiting.
6. Considering the nature of accusation , materials
available on record, gravity of offence and other circumstances
of the case , prayer for pre-arrest bail of the petitioner is
rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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