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Patna High Court

Kabutri DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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