Patna High Court
Niku Pandey @ Niku Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
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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