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Patna High Court

Ajit Tiwari @ Ajit Kumar TiwariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the allegations were serious and the offence grave.

Summary

The petitioner, Ajit Tiwari, was accused of brutally assaulting and setting fire to his wife, leading to her death, under Sections 304B, 226, 34 of the IPC and the Dowry Prohibition Act. He applied for anticipatory bail, claiming innocence, a clean antecedent, and denial of any dowry demand. The State opposed the bail, emphasizing the specific allegation that the petitioner set the victim ablaze due to non‑fulfilment of dowry demands. The court examined the gravity of the accusation, the nature of the offence, and the fact that the death occurred within seven years of marriage under unnatural circumstances. Concluding that the allegations were serious and the offence grave, the court refused the anticipatory bail application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case involving alleged dowry death and murder under IPC and the Dowry Prohibition Act

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • IPC
  • Dowry Prohibition Act
  • murder
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.996 of 2026
                      Arising Out of PS. Case No.-86 Year-2023 Thana- GORIAKOTHI District- Siwan
                 ======================================================
                 Ajit Tiwari @ Ajit Kumar Tiwari Son of Lalbabu Tiwari Resident of Village -
                 Chachopali, P.S.- Goreakothi, District - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr. Choubey Jawahar, Addl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 304B, 226, 34 of the

                   Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

                                3. Prosecution case, in brief, is that marriage of the

                   daughter of informant was solemnized with this petitioner in the

                   year 2022 and thereafter, it is alleged that this petitioner, on

                   account of non-fulfillment of demand of dowry, visited the

                   house of informant on 12.1.2023, brutally assaulted and set the

                   daughter of informant on fire as a result of which, she died

                   during course of treatment.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   never tortured the deceased nor demanded any dowry and has
              Patna High Court CR. MISC. No.996 of 2026(2) dt.21-01-2026
                                                          2/2




                        falsely been implicated in this case. Petitioner claims clean

                        antecedent.

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

                        the bail application and submitted that there is specific and

                        direct allegation that this petitioner set ablaze the daughter of

                        informant due to non-fulfillment of demand of dowry, causing

                        her death during treatment.

                                     6. Considering the nature of accusation, gravity of the

                        offence and the fact that deceased died within seven years of

                        marriage in unnatural circumstances, prayer for anticipatory bail

                        of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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