Patna High Court
Rahul Rai @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The Court held that bail could not be granted to the petitioners at this stage.
Summary
The petitioners Rahul Rai and Chus Rai were arrested in connection with a dowry‑death case (S.T. No. 233 of 2025) arising from Jurawanpur PS case No. 36 of 2024, alleged to have tortured and killed the deceased for non‑fulfilment of dowry demands under IPC sections 304B, 201 and 34. Their earlier bail applications had been withdrawn. They filed a fresh bail petition, claiming false implication, lack of criminal antecedent, and noting that a co‑accused had been granted bail. The State opposed, emphasizing the specific allegations against the petitioners. The High Court, after considering the direct allegations and seriousness of the offences, refused bail, directing the trial court to expedite the trial and allowing the petitioners to re‑apply for bail after three months if the trial is not concluded.
Issues considered
- Whether bail can be granted to the accused in a dowry‑death case where there are direct allegations of involvement
Legislation cited
- Indian Penal Code — s. 201, 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- IPC 201
- IPC 34
- criminal procedure
- high court
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77704 of 2025
Arising Out of PS. Case No.-36 Year-2024 Thana- JURAWANPUR District- Vaishali
======================================================
1. Rahul Rai @ Rahul Kumar S/o- Kailu Rai @ Kapildev Rai @ Kapildev Ray
Resident Of Village- Raghopur Purvi, Ward No-12, Ps- Jurawanpur, Dist-
Vaishali
2. Chus Rai S/o- Kailu Rai @ Kapildev Rai @ Kapildev Ray Resident Of
Village- Raghopur Purvi, Ward No-12, Ps- Jurawanpur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivjee Singh, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The bail petition of the petitioners have been
dismissed as withdrawn vide order dated 03.10.2024 passed in
Criminal Miscellaneous No. 63049 of 2024 and vide order dated
13.12.2024 passed in Criminal Miscellaneous No. 62003 of
2024, respectively.
3. The petitioners seek bail in connection with S.T. No.
233 of 2025, arising out of Jurawanpur P.S. Case No. 36 of
2024, instituted for the offences under Sections 304(B) and
201/34 of the Indian Penal Code.
4. Prosecution case, in short, is that the petitioners
Patna High Court CR. MISC. No.77704 of 2025(3) dt.03-02-2026
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along with other family members tortured and killed the
deceased for the non-fulfillment of demand of dowry.
5. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Petitioner no.1 is the husband and petitioner No.2 is the Bhaisur
of the deceased. Learned counsel for the petitioners further
submits that other co-accused has been granted bail by a Co-
ordinate Bench of this Court vide order dated 13.12.2024 passed
in Cr. Misc. No. 62003 of 2024. It has been submitted on behalf
of the petitioners that the petitioners are in custody since
11.11.2024 and 20.11.2024, respectively, and have no criminal
antecedent.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners. Specific
allegation is attributed against the petitioners. Hence, they do
not deserve bail.
7. Considering the aforesaid facts and circumstances
of the case and taking into account direct allegation against the
petitioners, this Court is not inclined to grant bail to the
petitioner at this stage.
8. Accordingly, the prayer for grant of bail to the
petitioners is, hereby, rejected.
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3/3
9. Learned Trial Court is directed to expedite the trial.
10. However, liberty is granted to the petitioners to
renew the prayer for grant of bail before the Trial Court if the
trial is not concluded within a period of three months from
today. If any such application is filed before the learned court
below, the court concerned shall consider the same on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
manish/-
U T
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