Patna High Court

Anshu KumarversusThe State of Bihar

Decided: 1 April 2026
Disposal: DISMISSED
Bench: ASHOK KUMAR PANDEY

Holding

Bail was not granted to the petitioner at this stage of the proceedings.

Summary

The petitioner, Anshu Kumar, sought bail in a criminal case (PS Case No.48 of 2025) alleging offences under Sections 80(2) & 3(5) of the BNS and Section 4 of the Dowry Prohibition Act. The prosecution alleges that the petitioner, along with others, burned the daughter of his father‑in‑law with intent to kill, resulting in her death after several days of medical treatment. The petitioner’s counsel argued that the deceased set herself on fire and that the father‑in‑law tried to save her, casting doubt on the prosecution’s version. The court examined the seriousness of the alleged dowry‑related homicide, the lack of clear evidence in the case diary, and the fact that only charge‑framing had occurred. Concluding that the circumstances did not inspire confidence in the petitioner’s claim, the judge refused bail, allowing the petitioner to re‑apply after six months if the trial remains pending.

Issues considered

Whether bail should be granted to the accused in a dowry‑death case involving alleged arson and offences under the BNS and Dowry Prohibition Act
Whether the evidentiary material and circumstances justify denial of bail at the pre‑trial stage

Legislation cited

BNS — s. 3(5), 80(2)
Dowry Prohibition Act — s. 4

Subjects

bail
dowry death
arson
criminal procedure
Section 4 Dowry Prohibition Act
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84838 of 2025
                       Arising Out of PS. Case No.-48 Year-2025 Thana- Refinery District- Begusarai
                 ======================================================
                 Anshu Kumar S/o Srikant Singh R/O Vill./Mohalla- Mosadpur, P.O.- Tilrath,
                 P.S.- Refinery, Dist.- Begusarai                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   01-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Refinery P.S. Case No.48 of 2025 registered for the offence

                   punishable under Sections 80(2) & 3(5) of the BNS and under

                   Section 4 of the Dowry Prohibition Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner was married to one Shasha Kumari. It is further alleged

                   that she was being subjected to cruelty on account of non-

                   fulfillment of dowry demand. On 11.05.2025, the informant got

                   information by nearby persons that on 10.05.2025 all the accused

                   persons have burnt the daughter of the informant with an intention

                   to kill her. The deceased ultimately died on 16.05.2025 at about 4

                   o’ clock at Sadar Hospital, Begusarai and all the accused persons

                   fled away from there.

                                4. Learned counsel appearing on behalf of the petitioner
            Patna High Court CR. MISC. No.84838 of 2025(4) dt.01-04-2026
                                                        2/2




                      has submitted that from perusal of the case diary it will transpire

                      that the deceased has put fire to herself and that the father-in-law

                      of the deceased has made every attempt to save her. She was

                      rushed to Navlok Hospital and after they got short in funds, she

                      was shifted to Sadar Hospital where she died. Learned counsel for

                      the petitioner has further submitted that from perusal of the case

                      diary it is not clear as to whether the family members of the

                      deceased were called to attend funeral or cremation of the

                      deceased or not and from perusal of the post-mortem report it is

                      clear that the deceased has got 90% burn injuries. The death of the

                      deceased has taken place in dubious circumstances and the story

                      which is propounded by the petitioner does not create confidence.

                      A report from the learned trial court was called from regarding the

                      stage of trial and according to which only charges has been

                      framed and the case is fixed for evidence of prosecution

                      witnesses.

                                   5. Considering the above facts and circumstances of the

                      case, I am not inclined to grant bail to the petitioner at this stage,

                      however, he is at liberty to renew his prayer for bail after six

                      months, if the trial is not concluded.



                                            (Ashok Kumar Pandey, J)
durgesh/-
U      T

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