Patna High Court
Dharmnath Rai @ Chulhai RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Dharmnath Rai, applied for anticipatory bail fearing arrest in a dowry‑death case (PS Case No. 99 of 2024) where he is alleged to have demanded dowry, tortured and caused the death of his daughter‑in‑law. The prosecution charged him under Sections 80, 238 read with Section 3(5) of the B.N.S. The petitioner claimed innocence, asserting false implication. The Patna High Court, after hearing counsel, declined to grant anticipatory bail, directing the petitioner to surrender within two weeks and seek regular bail, failing which the police may arrest him. The order was communicated to the Superintendent of Police for compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the dowry‑death allegations.
- Whether the allegations under Sections 80, 238 and 3(5) of the B.N.S. justify denial of anticipatory bail.
Legislation cited
- B.N.S. — s. 238, 3(5), 80
Subjects
- anticipatory bail
- dowry death
- Sections 80
- Section 238
- Section 3(5)
- B.N.S.
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64439 of 2025
Arising Out of PS. Case No.-99 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Dharmnath Rai @ Chulhai Rai S/o Late Saklu Rai Resident Of Village-
Rampur Shyamchand, Ps- Raghopur, DIst- Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shivjee Singh, Advocate
For the Opposite Party : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in connection
with Raghopur P.S. Case No. 99 of 2024 dated 14.04.2025
registered for the offences punishable under Sections 80, 238
read with Section 3(5) of the B.N.S.
3. As per the prosecution case, the accused persons
including the petitioner are said to have demanded dowry,
tortured the victim and thereafter killed the victim.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. The petitioner is the father-in-law of the
deceased.
5. Considering the allegation, this court is not inclined
Patna High Court CR. MISC. No.64439 of 2025(5) dt.21-01-2026
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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 two weeks from today and pray for regular bail
failing which the Superintendent of Police, Vaishali will take all
steps for arrest of the petitioner.
8. Let a copy of this order be communicated to the
Superintendent of Police, Vaishali through FAX for its
compliance.
(Sandeep Kumar, J)
atul/-
U T
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