Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the allegations of dowry‑related murder against the husband warranted the court’s refusal of bail.
Summary
The petitioner, Raju Kumar, sought anticipatory bail in a dowry death case (PS Fatehpur Case No. 621 of 2024) where he is alleged to have conspired with others to kill his wife for non‑payment of a four‑wheeler dowry. The prosecution charged him under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita for murder and related offences. The petitioner contended that he never demanded dowry and was falsely implicated, pleading that the allegations were merely suspicion. The State opposed the bail, emphasizing that the deceased died within seven years of marriage under unnatural circumstances and that specific allegations of poisoning existed. The Court, considering the seriousness of the accusation, the marital relationship, and the nature of dowry‑death offences, refused the anticipatory bail application, effectively dismissing the petition.
Issues considered
- What is the appropriate discretion of the court in granting or refusing anticipatory bail in a dowry‑death case where the accused is the husband of the deceased?
- Whether the allegations of dowry demand and murder under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 238, 3(5), 80
Subjects
- dowry death
- anticipatory bail
- murder
- Bharatiya Nyaya Sanhita
- Section 80
- Section 238
- Section 3(5)
- marital relationship
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78375 of 2025
Arising Out of PS. Case No.-621 Year-2024 Thana- FATEHPUR District- Gaya
======================================================
Raju Kumar Son of Sri Ajay Singh Village- Fatehpur PS- Fatehpur Dist -Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunil Kumar Kashyap Son of Late Ambika Singh Resident of village-
Kalaunda, ps- Nemdarganj, Dist-Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Vardhan, Advocate
For the Opposite Party/s : Mr. Nand Kumar, A.P.P.
For the Informant : Mr. Diwakar, Ms. Priya Kumari, Ms. Saheeba Naz,
Mr. Deepak Kumar, Mr. Abhishek, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 13-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Fathepur P. S. Case
No. 621 of 2024 registered for the offences punishable under
Sections 80, 238, 3(5) of the Bharatiya Nyaya Sanhita.
3. It is a case of dowry death. As per the prosecution
case, marriage of the daughter of informant was solemnized
with this petitioner six years ago and thereafter it is alleged that
this petitioner along with other accused persons killed the
daughter of the informant, due to non-fulfillment of dowry of
four-wheeler.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.78375 of 2025(4) dt.13-03-2026
2/2
petitioner happens to be husband of the deceased and he has
falsely been implicated in this case merely on suspicion.
Petitioner never demanded any dowry nor harassed the
deceased.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner is husband of
the deceased and there is specific allegation against him that he
along with other accused persons killed the deceased, due to
non-fulfillment of demand of dowry, by poisoning her.
6. Considering the nature of accusation and the fact
that petitioner is husband of the deceased, who died within
seven years of marriage in unnatural circumstances, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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