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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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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