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Patna High Court

Rajnish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court rejected the petition for anticipatory bail, holding that the nature and gravity of the dowry death allegations preclude the grant of bail.

Summary

The petitioner, Rajnish Kumar, husband of a woman who died under suspicious circumstances, filed an anticipatory bail application in a dowry death case registered under Sections 80 and 3(5) of the B.N.S., 2023. He claimed innocence, asserting that he never demanded dowry or inflicted cruelty, and that the deceased had committed suicide by hanging. The State opposed the bail, highlighting direct allegations of torture and a demand for Rs. 5 lakh dowry, and noting the post‑mortem finding of asphyxia and shock due to hanging. The court examined the gravity of the offence, the specific allegations against the petitioner, and the fact that he was the husband of the deceased. Concluding that the seriousness of the charges warranted custody, the court rejected the anticipatory bail petition.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in a dowry death case under Sections 80 and 3(5) of the B.N.S., 2023 given the specific allegations against him.

Legislation cited

Subjects

  • dowry death
  • anticipatory bail
  • Section 80 B.N.S. 2023
  • Section 3(5) B.N.S. 202b
  • husband
  • cruelty
  • asphyxia
  • post‑mortem

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84261 of 2025
                       Arising Out of PS. Case No.-359 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Rajnish Kumar Son of Ramavatar Ravidas @ Ramavatar Das Resident of
                 Village- Dharampur, P.S.- Fatehpur, District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Priya Ranjan
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   22-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case,

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

                   B.N.S., 2023.

                                3. It is a case of ‘Dowry Death’. As per F.I.R., the

                   daughter of the informant was married with this petitioner on

                   19.04.2024 and after the marriage, she was subjected to cruelty

                   and harassment by all the accused persons including petitioner

                   for dowry and ultimately, she was killed by the accused persons

                   by strangulation.

                                4. It is submitted on behalf of petitioner that petitioner

                   is innocent and has been implicated in this case merely because

                   he happens to be husband of the deceased. Informant is not eye-
           Patna High Court CR. MISC. No.84261 of 2025(3) dt.22-01-2026
                                                       2/2




                     witness to the occurrence. Petitioner neither demanded any

                     dowry nor committed any torture to the deceased. In fact, the

                     deceased herself committed suicide by hanging and no such

                     occurrence, as alleged in the F.I.R., took place.

                                  5. However, learned A.P.P. for the State opposes the

                     bail petition and submits that petitioner is husband of deceased

                     and there is specific and direct allegation against him of

                     committing torture and demanding dowry of Rs. 5 Lakhs. Post-

                     mortem report shows that cause of death is Asphyxia and shock

                     due to hanging. Deceased has died in an unnatural

                     circumstances within seven years of marriage at her matrimonial

                     home.

                                  6. Considering the nature and gravity of offence and

                     the fact that petitioner is husband of the deceased and there is

                     specific and direct allegation against him, the prayer for

                     anticipatory bail of petitioner is rejected.



                                                (Prabhat Kumar Singh, J)
anay

U      T


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