Patna High Court
Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S., 2023 — s. 3(5), 80
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
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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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