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Patna High Court

Lalu Chauhan @ Lallu ChauhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the allegations are serious and the alibi could not be entertained at this stage.

Summary

The petitioner, Lalu Chauhan, applied for anticipatory bail in a case alleging his involvement in the murder of his wife, who was the daughter of the informant. The FIR alleges that after marriage the petitioner harassed the informant’s daughter and demanded dowry, culminating in her death on 16‑04‑2025. The petitioner claims he was abroad on the day of the incident, presenting a work certificate as an alibi. The State highlighted external injuries on the deceased and a suspicion of poisoning, indicating serious criminal allegations. The court held that the seriousness of the allegations and the inability to consider the alibi at this stage precluded the grant of anticipatory bail. Consequently, the anticipatory bail application was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the allegations of dowry harassment and murder under the Bhartiya Nyaya Sanhita.
  • Whether the petitioner’s alibi can be considered at the stage of anticipatory bail application.
  • Whether the nature and seriousness of the offences under Sections 85, 103(1) and 3(5) warrant denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • murder
  • alibi
  • Bhartiya Nyaya Sanhita
  • Section 85
  • Section 103(1)
  • Section 3(5)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87480 of 2025
                       Arising Out of PS. Case No.-182 Year-2025 Thana- PALIGANJ District- Patna
                 ======================================================
                 Lalu Chauhan @ Lallu Chauhan Son of Late Vijay Chauhan Resident of
                 village- Dharhara, Ps- Paliganj, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Atul Dayal
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   19-03-2026         1. Heard learned counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Paliganj Police Station Case No. 182 of 2025, dated

                            19.04.2025,       disclosing        offences       under       Sections

                            85/103(1)/3(5) of the Bhartiya Nyaya Sanhita.

                       3.   The prosecution case, as per the First Information Report,

                            is that the marriage of elder daughter of the informant was

                            performed with the petitioner in the year 2013. After the

                            marriage, the petitioner, along with other accused

                            persons, started harassing the informant’s daughter and

                            demanded a sum of Rs. 50,000/-, out of which a sum of

                            Rs. 30,000/- was given. It has further been alleged that on

                            16.04.2025, in the morning at about 11:00 AM, the
Patna High Court CR. MISC. No.87480 of 2025(3) dt.19-03-2026
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                  informant received information that her daughter has been

                  killed and it has been alleged that the accused persons,

                  named in the First Information Report, have killed the

                  informant’s daughter.

              4. Learned counsel for the petitioner submits that the

                  petitioner is husband of the deceased and he has falsely

                  been implicated in the present case after 12 years of

                  marriage. Prior to the present First Information Report

                  there had never been any complaint of harassment or

                  demand of dowry by the side of the informant. He next

                  submits that the occurrence has taken place on

                  16.04.2025, on that date the petitioner was working with

                  BRD Engineering Company, Patan, Gujarat and upon

                  receiving the unfortunate news regarding death of his

                  wife, the petitioner rushed to Disa Bus Depot and

                  commenced his journey by bus to Ahmadabad, from

                  where, he boarded a train to Patna the very same day. He

                  further submits that a certificate has been issued by the

                  BRD Engineering Company on 23.04.2025.

              5. Learned counsel for the State referring to the case diary

                  submits that four external antemortem injuries have been

                  found on the body of the deceased, however, the viscera
            Patna High Court CR. MISC. No.87480 of 2025(3) dt.19-03-2026
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                              has been preserved and has been sent for medical analysis

                              as the doctor has suspicion of death due to poisoning.

                          6. Regards being has to the submissions made by the parties

                              and taking into consideration the nature of allegation the

                              alibi cannot be considered at this stage, the petitioner is

                              the husband of the deceased and several injuries have

                              been found on the body of the deceased, I am not inclined

                              to grant the petitioner privilege of anticipatory bail.

                          7. This application is, accordingly, dismissed.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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