Patna High Court
Navlesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied because the allegations of dowry death were serious and the petitioner failed to provide documentary proof of his alibi.
Summary
The petitioner, Navlesh Kumar, applied for anticipatory bail in a dowry death case (Noorsarai P.S. Case No. 590 of 2024) instituted under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleges that he, as the husband of the deceased, murdered her for dowry. The petitioner contended that he was not present at the scene, claiming he was working in Bangalore and has a clean antecedent. The State opposed the bail, arguing that the petitioner offered no documentary evidence to substantiate his alibi. The Court held that given the seriousness of the allegations and the lack of supporting proof, the case was not suitable for anticipatory bail and dismissed the application, directing the petitioner to surrender within two weeks for regular bail proceedings.
Issues considered
- Whether anticipatory bail should be granted under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita in a dowry death case.
- Whether the petitioner’s claim of being in Bangalore, without documentary evidence, suffices to merit anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 80
Subjects
- anticipatory bail
- dowry death
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56124 of 2025
Arising Out of PS. Case No.-590 Year-2024 Thana- NOORSARAI District- Nalanda
======================================================
Navlesh Kumar S/o Raja Ram Paswan R/o Village -Ebrahimpur, P.S -
Noorsarai, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Sumiran Rai, Advocate
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Noorsarai P.S. Case No. 590 of 2024 instituted under
Sections 80, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, petitioner is the
husband of the deceased and he is accused of killing the
deceased for dowry.
4. Learned counsel for the petitioner submits that the
petitioner was not present at the spot but was working in
Bangalore. Petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner on the ground that
petitioner has no documents to support the fact that he was not
Patna High Court CR. MISC. No.56124 of 2025(3) dt.20-02-2026
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present at the spot but was working in Bangalore.
6. Considering the allegations levelled against the
petitioner, this is not a fit case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Nalanda will take all steps for arrest
of the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Nalanda through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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