Patna High Court
Lalu Chauhan @ Lallu ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nyaya Sanhita — s. 103(1), 3(5), 85
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
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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
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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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