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Patna High Court

Dhiraj SinghversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.87977 of 2025(2) dt.29-01-2026
                                                           3/3




                         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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