Patna High Court
Kabutri DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the application was filed after an unexplained delay of 26 years and there was no reasonable apprehension of arrest.
Summary
Kabutri Devi petitioned for anticipatory bail in a dowry death case involving alleged offences under Sections 498A and 304B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The FIR dates back to 1999, and the petitioner claimed fear of arrest in 2026, more than 26 years after the case was registered. The court examined the delay and found no reasonable apprehension of arrest, noting the application was filed after an unexplained lapse of time. Consequently, the court held that the anticipatory bail request could not be entertained. The application for anticipatory bail was therefore rejected.
Issues considered
- Can anticipatory bail be granted when the application is filed 26 years after the FIR was registered?
- Does the petitioner have a reasonable apprehension of arrest to justify anticipatory bail?
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 498A
Subjects
- anticipatory bail
- dowry death
- delay
- pre-arrest bail
- IPC
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8630 of 2026
Arising Out of PS. Case No.-374 Year-1999 Thana- JAMHOR District- Aurangabad
======================================================
Kabutri Devi W/o Late Laxuman Singh alias Laxuman Singh Singh R/o
Village- Kurhama Tola, Yadav Bigha, P.S.- Jamhare, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Santosh Chandra Bhaskar, Advocate
For the State : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a complaint
case registered for the offence punishable under Sections 498A
and 304B of the Indian Penal Code and Sections 3 and 4 of the
Dowry Prohibition Act.
3. It is a case of dowry death. As per prosecution case,
marriage of sister of informant was solemnized with co-accused
Judgesh Singh in the year 1994 and thereafter, all the F.I.R.
named accused persons, including this petitioner, subjected the
victim to cruelty and harassment due to non-fulfillment of
demand of dowry and subsequently, they committed her murder
and burnt her dead body in order to destroy the evidences.
Patna High Court CR. MISC. No.8630 of 2026(2) dt.23-02-2026
2/2
4. Petitioner seeks anticipatory bail in a case which
was registered in the year 1999 and there is no plausible
explanation as to why petitioner moved this Court for grant of
pre-arrest bail after lapse of more than 26 years in the year
2026. The present application is highly belated and it appears
that the petitioner has got no reasonable apprehension of his
arrest in the case.
5. Considering the gross unexplained delay in moving
this pre-arrest bail application, prayer for grant of anticipatory
bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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