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Patna High Court

Alok KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner, holding that the seriousness of the dowry‑death allegations outweighs any claim of non‑participation.

Summary

Alok Kumar, an Indian Army serviceman, faced an anticipatory bail application in a dowry‑death case (PS Case No. 759 of 2024) where the informant alleged that Kumar's sister-in‑law was tortured for dowry and later found dead. The FIR charged Kumar under Sections 80(2) and 3(5) of the B.N.S. The petitioner argued that his military service precluded any involvement and that the incident occurred before he could reach the scene. The informant contended that the deceased was subjected to dowry‑related torture and cited a Supreme Court observation on the gravity of dowry deaths. The court, referencing the Supreme Court’s stance in Lal Muni Devi v. State of Bihar, found the allegations serious enough to deny anticipatory bail. Consequently, the application for anticipatory bail was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Sections 80(2) and 3(5) of the B.N.S. in a dowry‑death case.
  • Whether the petitioner’s service in the Indian Army bars his participation in the alleged offence.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Section 80(2) B.N.S.
  • Section 3(5) B.N.S.
  • Indian Army
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7661 of 2026
                     Arising Out of PS. Case No.-759 Year-2024 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Alok Kumar Son of Prabhash Singh R/o Village - Lohia Nagar, Mela Road,
                 P.S. - Sitamarhi, Dist. - Sitamarhi.
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. N.K. Agrawal, Sr. Advocate
                                          :        Mr. Kumar Rajdeep, Advocate
                 For the State            :        Mr. Lalan Kumar, APP
                 For the informant        :        Mr. Rohit Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   01-04-2026                    Heard Mr. N.K. Agrawal, learned Senior Counsel for

                   the petitioner and Mr. Rohit Ranjan, learned counsel for the

                   informant beside learned APP representing the informant.

                                 2. The petitioner is apprehending his arrest in

                   connection with Sitamarhi P.S. Case No. 759 of 2024 registered

                   for the offence punishable under Sections 80(2) and 3(5) of the

                   B.N.S., lodged on 07.11.2024 by the informant Atul Kumar.

                                 3. As per the prosecution story, the informant alleged

                   that his sister was married with the petitioner in the year 2015

                   but was always tortured for dowry. The allegation is that ten

                   days prior to her death, she was assaulted by her in-laws. The

                   informant reached there and settled the dispute. The petitioner

                   was also informed who is serving in the Indian Army and he

                   wanted that his children be taken to the house of the informant.
Patna High Court CR. MISC. No.7661 of 2026(3) dt.01-04-2026
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                       4. On 05.11.2024, he had a conversation with the

          sister and she wanted to come and witness the Chhath Pooja but

          when he reached the in-laws house on the next morning, found

          the room of his sister locked and the phone switched off.

          Sensing something has happened, as he tried to break the lock,

          the in-laws resorted to assault. Later, in the presence of Police,

          the lock of his sister’s room was broken and found the sister

          dead with injuries on her body. This led to the F.I.R..

                       5. Learned Senior Counsel for the petitioner submits

          that a perusal of the F.I.R. would show that he was serving with

          the Indian Army at the relevant time and as such, cannot have

          any role in the matter. Further, as per the F.I.R. he also requested

          the informant to take them to his house but in between, the

          unfortunate incident took place.

                       6. The informant is appearing and he has pointed out

          that when the informant reached the place, the room was locked

          and they were not ready to give any information whatsoever.

          Further, only with the help of Police, when the lock was broken

          that the alleged killing came to the light. He has further taken

          this Court to paragraph no.101 of the case diary to show process

          already stands issued against the petitioner by a competent

          court. The submission is that though in service, it was on his
Patna High Court CR. MISC. No.7661 of 2026(3) dt.01-04-2026
                                            3/4




          insistence that the deceased was subjected to torture by the in-

          laws.

                       7. Learned counsel for the informant has further taken

          this Court to an order of Hon’ble Apex Court in the case of Lal

          Muni Devi vs. State of Bihar and Ors. (Cr. Appeal No. 1626 of

          2026) wherein the Hon’ble Supreme Court while setting aside

          the bail granted to the husband by the Patna High Court

          observed that the Dowry deaths are profound disgrace and a

          major social evil representing a severe violation of human rights

          and dignity.

                       8. Paragraph no.15 of the order in Lal Muni Devi

          (supra) read as follows:

                             “15. Dowry deaths are indeed a profound

                             disgrace and a major social evil representing a

                             severe violation of human rights and dignity.

                             Despite the legal prohibitions, this practice

                             continues to result in the unnatural deaths of

                             thousands of women often through murder or

                             driven to suicide because of greed driven

                             demands for money or valuable from the groom’s

                             family. Dowry deaths are a severe blot on

                             society.”
            Patna High Court CR. MISC. No.7661 of 2026(3) dt.01-04-2026
                                                        4/4




                                   9. He concludes by submitting that the petitioner’s

                      husband has played an important role leading to the unfortunate

                      death of the lady.

                                   10. Considering the aforesaid submissions of the

                      parties, the allegation that has come against the petitioner as

                      also the order of Hon’ble Apex Court in the case of Lal Muni

                      Devi (supra), this Court is not inclined to extend him the

                      privilege of anticipatory bail.

                                   11. The anticipatory bail application stands rejected.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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