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Patna High Court

Birendra SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court refused to grant anticipatory bail to the petitioners.

Summary

The petitioners, Birendra Singh and Rakesh Singh, sought anticipatory bail fearing arrest in a case (Ara Nawada P.S. Case No. 822 of 2022) filed under IPC sections 406 and 34 and Dowry Prohibition Act sections 3 and 4. The prosecution alleges that the petitioners received Rs.5,00,000 as dowry for a proposed marriage that later fell through and failed to return the amount. The petitioners contend they are innocent, claim the marriage was called off, assert that only Rs.71,000 was returned to a mediator, and maintain a clean record. The State opposed the bail application. The High Court, after considering the allegations and the lack of convincing material to exonerate the petitioners, declined to grant anticipatory bail and dismissed the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged dowry case.
  • Whether the evidence presented suffices to justify denial of bail under CrPC Section 438.

Legislation cited

Subjects

  • anticipatory bail
  • dowry
  • criminal breach of trust
  • IPC
  • Dowry Prohibition Act
  • bail
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57570 of 2025
                    Arising Out of PS. Case No.-822 Year-2022 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
           1.     Birendra Singh S/O Late Chandra Deo Singh Resident of village- Baligaon,
                  P.S.- Ayar, District- Bhojpur
           2.    Rakesh Singh S/O Birendra Singh Resident of village- Baligaon, P.S.- Ayar,
                 District- Bhojpur

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Patna
           2.    Kameshwar Singh S/O Late Ramadhar Singh R/O Mohalla- Jagdeo Nagarr,
                 P.S.- Ara Nawada, Dist.- Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raju Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-03-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in

                   connection with Ara Nawada P.S. Case No. 822 of 2022

                   instituted under Sections 406, 34 of the I.P.C. and Section 3/ 4

                   of the D.P. Act.

                                3. As per the prosecution case, allegation against the

                   petitioners is that initially petitioner no. 2 agreed for marriage

                   and before engagement an amount of Rs. 5,00,000/- was given

                   by the informant to the petitioners subsequently, the talks of

                   marriage failed. The petitioners have not returned the amount
              Patna High Court CR. MISC. No.57570 of 2025(4) dt.10-03-2026
                                                          2/2




                        taken as dowry to the informant.

                                     4. Learned counsel for the petitioners submits that

                        the petitioners are innocent and have falsely been implicated in

                        this case. Learned counsel contends that the petitioner no. 2 as

                        well as the girl have got married to different persons and the

                        petitioner has denied the acceptance of any dowry. From the

                        materials collected in the investigation it appears that the

                        petitioners have taken a dowry of Rs. 5 lakhs out of which Rs.

                        71,000/- was returned to the mediator, which is lying with the

                        mediator. Petitioners have clean antecedent.

                                     5. Learned APP for the State has opposed the prayer

                        for anticipatory bail of the petitioners.

                                     6. Considering the aforesaid facts, this Court is not

                        inclined to grant anticipatory bail to the petitioners.

                                     7. Accordingly, the application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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