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Patna High Court

Chandan Kumar Ram @ Chandan RamversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Chandan Kumar Ram, applied for anticipatory bail after being arrested on 1 March 2025 in connection with a dowry death case (Ekma P.S. Case No. 80 of 2025) under Sections 80, 238 and 3(5) of the BNS. He claimed a clean record and alleged that the FIR was fabricated, asserting that his only link to the crime was his marriage to the deceased. The State opposed the bail, citing material evidence, the case diary, and a confession by the petitioner. The learned judge examined the submissions and the evidentiary material and concluded that the allegations were specific and serious enough to warrant custody. Consequently, the court refused the petitioner's bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a dowry death case under Sections 80, 238 and 3(5) of the BNS.

Legislation cited

  • BNS — s. 238, 3(5), 80

Subjects

  • anticipatory bail
  • dowry death
  • criminal procedure
  • Sections 80, 238, 3(5) BNS
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83862 of 2025
                          Arising Out of PS. Case No.-80 Year-2025 Thana- EKMA District- Saran
                 ======================================================
                 Chandan Kumar Ram @ Chandan Ram Son of Kamehswar Ram Resident of
                 Village- Kohargadh, P.S.- Ekma, District- Saran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   17-01-2026                  Heard Mr.Sanjay Kumar Jha, learned counsel for the

                   petitioner and Mr.Uday Pratap Singh, learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   01.03.2025 in connection with Ekma P.S. Case No. 80 of 2025,

                   F.I.R. dated 28.02.2025 registered for the offence punishable

                   under Sections 80,238,3(5) of BNS.

                                3. Allegation against the petitioner is that he

                   alongwith other co-accused persons have in furtherance of their

                   common intention committed the dowry death of the daughter

                   of the informant.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. The allegation

                   as alleged in the FIR is false and fabricated and the petitioner
               Patna High Court CR. MISC. No.83862 of 2025(3) dt.17-01-2026
                                                           2/2




                         has not committed any offence as alleged in the FIR. Petitioner

                         has been made accused in the present case merely on the ground

                         that he is husband of the deceased.

                                        5. Learned A.P.P. for the State has vehemently

                         opposed the prayer for anticipatory bail of the petitioner on the

                         basis of the material available on the record and the case diary

                         and submits that there is direct and specific allegation against

                         the petitioner and apart from that, the petitioner has confessed

                         his guilt in the present occurrence.

                                      6. Considering the aforesaid case, I am not inclined to

                         enlarge the petitioner on bail in connection with Ekma P.S.

                         Case No. 80 of 2025 pending in the court of learned Judicial

                         Magistrate-1st Class, Saran at Chapra.

                                      7. Prayer is refused.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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