Patna High Court
Dhiraj SinghversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied anticipatory bail to the petitioner.
Summary
The petitioner, Dhiraj Singh, sought anticipatory bail fearing arrest in a case registered under Sections 105 and 3(5) of the Bihar Narcotic Substances Act, 2023, alleging that he was falsely implicated in the death of his wife. He contended that the marriage had lasted 13 years, produced two children, and no prior dowry‑harassment complaint had been filed, arguing that the death was due to natural causes (typhoid) as shown by medical prescriptions. The State opposed bail, highlighting the absence of a death certificate, the possibility of foul play, and the ongoing investigation into the alleged murder, also noting the relevance of Section 304B IPC. The court examined whether the facts justified granting anticipatory bail and whether the death could be presumed natural without forensic proof. Concluding that the prosecution’s concerns were substantial and the matter required further investigation, the court denied the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the present case.
- Whether the death of the deceased can be presumed natural in the absence of a death certificate or post‑mortem report.
- Whether the allegations fall within the ambit of Section 304B of the Indian Penal Code.
- Whether the petitioner can be said to be falsely implicated based on the facts presented.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 3(5)
- Indian Penal Code — s. 304B
Subjects
- anticipatory bail
- dowry harassment
- murder
- natural death
- Section 304B IPC
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87977 of 2025
Arising Out of PS. Case No.-215 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
Dhiraj Singh Son of Kameshwar Singh Resident of Village - Mahuar, P.S. -
Ramgarh, District - Kaimur (Bhabua).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saharsh Shubham, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 105 and 3(5) of B.N.S.,
2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases and the informant alleges
that his sister was married to Dhiraj Singh about 13 years back
and, out of the wedlock, two children were born who are aged 12
years and 10 years. Further, petitioner used to torture his sister for
dowry of Rs.5,00,000/- and was in an illicit relationship with
Priyanka Singh. It is further alleged that accused persons including
the petitioner killed his sister.
4. Learned counsel for the petitioner submits that
petitioner being the husband has been falsely implicated in the
Patna High Court CR. MISC. No.87977 of 2025(2) dt.29-01-2026
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instant case by the informant. It is next submitted that deceased
was earlier married to the brother of the petitioner and after the
death of his brother, the petitioner married the deceased about 13
years back and, out of the wedlock, two children were born. It is
next submitted that in these 13 years of marriage, no case ever
came to be instituted alleging torture for non-fulfillment of dowry
demand. It is next submitted that the case also does not fall within
the purview of Section 304B of the Indian Penal Code. It is further
submitted that the deceased was suffering from typhoid for which
she was being treated at different hospital, as would manifest from
the prescriptions annexed with the anticipatory bail application. It
is also submitted that the victim died a natural death but then the
instant FIR came to be instituted by way of afterthought after three
days.
5. The learned APP, Mr. Chandra Bhushan Prasad
opposes the anticipatory bail application by submitting that no
doubt what has been submitted by the learned counsel for
petitioner is difficult to countenance, i.e., the marriage was 13
years old, out of wedlock two children were born and no case ever
came to be instituted in these 13 years against the petitioner or his
family members by the deceased or the informant alleging torture
for non-fulfillment of dowry demand but then it is submitted that it
is an admitted fact that victim died. How she died could have been
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ascertained by way of post mortem but if it was a natural death, in
that event, certificate of the doctor was required certifying death
but then no such document has been brought on record to
substantiate that death of the victim was a natural death nor death
certificate is on record which creates a suspicion with regard to the
occurrence moreso when there is an allegation that petitioner was
in an illicit relationship with Priyanka Singh. It is further
submitted that investigation is still continuing and in the
investigation only, it can be ascertained whether the victim died a
natural death or she was killed for ulterior reason, as such, the
learned APP submits that it is not a fit case for grant of
anticipatory bail.
6. After hearing the learned counsel for the parties and
considering the submissions made by the learned APP, the Court is
not inclined to extend the privilege of anticipatory bail to the
petitioner. Accordingly, the prayer for grant of anticipatory bail to
the petitioner is hereby rejected in connection with Ramgarh P.S.
Case No.215 of 2025, pending in the court of learned Judicial
Magistrate, 1st Class, Mohania, Kaimur.
(Satyavrat Verma, J)
Sanjay/-
U T
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