Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the Court was not inclined to grant it given the direct allegations of murder.
Summary
The petitioner, Akash Kumar, applied for anticipatory bail after being implicated in a dowry‑death case (Sasaram (M) P.S. Case No. 297 of 2024) under Sections 80, 103(1) and 3(5) of the BNS. The prosecution alleged that he, as the husband of the deceased, demanded dowry and murdered her when the demand was not met. The petitioner pleaded innocence, claiming false implication. The Court, after hearing counsel, found the allegations serious enough and was not inclined to grant anticipatory bail. Consequently, the anticipatory bail application was dismissed and the petitioner was ordered to surrender within four weeks and seek regular bail, failing which the police were directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the serious allegations of dowry‑death under the BNS.
Legislation cited
- BNS — s. 103(1), 3(5), 80
Subjects
- anticipatory bail
- dowry death
- criminal procedure
- bail
- Section 80
- Section 103(1)
- Section 3(5)
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59575 of 2025
Arising Out of PS. Case No.-297 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Akash Kumar Son of Late Nagendra Chaudhary R/O Village- Badhaiya Bag,
P.S.- Karwandiya, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashwani Kumar Tiwary
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Sasaram (M) P.S. Case No. 297 of 2024
(Sasaram (m) Karvandiya P.S. Case No. 297 of 2024) registered
for the offence under Section 80, 103(1), 3(5) of the BNS.
3. As per the prosecution case, the petitioner, who
is the husband of the deceased, is said to have demanded dowry
from the deceased and killed her upon non-fulfillment of the
same.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and he has falsely been implicated in
this case.
5. Considering the direct allegations levelled
Patna High Court CR. MISC. No.59575 of 2025(3) dt.20-02-2026
2/2
against the petitioner of killing the deceased, this Court is not
inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this application for anticipatory
bail is dismissed.
7. The petitioner is directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Superintendent of Police, Rohtas will take
all steps for arrest of the accused person/s including the
petitioner.
8. Let a copy of this order this order be
communicated to the Superintendent of Police, Rohtas through
FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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