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Patna High Court

Niku Pandey @ Niku Kumar PandeyversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the nature of the accusation and the petitioner’s position as husband of the deceased warranted denial.

Summary

Petitioner Niku Pandey applied for anticipatory bail after being implicated in a case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita for the alleged murder of his wife's daughter by strangulation over a dowry dispute. The petitioner claimed he was falsely implicated, asserted he was in Mumbai on the date of the incident, and maintained that the deceased had committed suicide due to loan repayment issues. The State opposed the bail, emphasizing the specific allegation in the FIR that the petitioner, as the husband, participated in the killing. The court examined the seriousness of the accusation, the relationship between the petitioner and the deceased, and the circumstances of an unnatural death in the matrimonial house. Concluding that the nature of the charge warranted a cautious approach, the court refused the anticipatory bail application.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
  • Whether the specific allegations and the petitioner’s relationship to the deceased justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • murder
  • false implication
  • bail refusal
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91587 of 2025
                  Arising Out of PS. Case No.-861 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Niku Pandey @ Niku Kumar Pandey Son of Dhananjay Pandey Resident of
                 Mohalla - Roar, Ps- Shikarpur, Dist- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Dilip Kumar No. 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in case registered for

                   the offences punishable under Sections 103(1), 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, this petitioner along

                   with other accused persons killed the daughter of the informant

                   by strangulation, due to non-fulfillment of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner happens to be husband of the deceased and he has

                   falsely been implicated in this case merely on suspicion.

                   Petitioner never demanded any dowry nor harassed the

                   deceased. As a matter of fact, petitioner was in Mumbai on the

                   alleged date of occurrence and the deceased herself committed

                   suicide due to failure of payment of loan installments. Petitioner
              Patna High Court CR. MISC. No.91587 of 2025(2) dt.19-01-2026
                                                          2/2




                        claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that petitioner is named in the

                        F.I.R. and there is specific allegation against him that he along

                        with other accused persons killed the deceased by strangulation.

                                     6. Considering the nature of accusation and the fact

                        that petitioner is husband of the deceased, who died in unnatural

                        circumstances in her matrimonial house, prayer for anticipatory

                        bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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