Patna High Court
Ajit Tiwari @ Ajit Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 226, 304B, 34
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
Checking your session…