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2068 DAILYLAW 4 (PAT)

Mritunjay Kumar Singh v. The State of Bihar

CR. MISC./2068/2026 · 2026-03-31

Prabhat Kumar Singh

body2068

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2068 of 2026 Arising Out of PS. Case No.-330 Year-2025 Thana- KALYANPUR District- East Champaran ====================================================== Mritunjay Kumar Singh S/O Ajay Kumar Singh Resident of Village Pipra Khem, Police Station - Kalyanpur, District - East Champaran ... ... Petitioner/s Versus 1. The State of Bihar 2. Sweta Kumari D/O Brij Kishore Sharma, W/o Mritunjay Kumar Singh Resident of Village - Shankar Saraiya, Babu Tola, Police Station - Turkauliya, District - East Champaran, At present-Village-Piprakhem, PS- Kalayanpur, Dist-East champaran. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Ramakant Sharma, Sr. Advocate Mr. Adarsh Prasar, Advocate Mr. Mayank Raj, Advocate Mr. Rahul Singh, Advocate For the State : Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 31-03-2026 Heard learned senior counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 82(1), 85, 88, 64, 62 and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. 3. The prosecution case, in brief, is that marriage of informant was solemnized with this petitioner on 08.02.2023 and thereafter, all the F.I.R. named accused persons, including this petitioner, started demanding a car as dowry for which the Patna High Court CR. MISC. No.2068 of 2026(3) dt.31-03-2026 2/3 informant was also tortured and harassed. It is further alleged that on 30.07.2025, the accused persons assaulted her, strangulated her with Gamcha and poured kerosene oil on her and were going to burn her, however, due to intervention of the police, she was somehow saved. 4. It is submitted by learned senior counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is husband of the informant and has falsely been implicated in this case only with a view to harass and humiliate him. Admittedly, the alleged occurrence, took place on 30.07.2025, however, the present F.I.R. has been lodged after inordinate delay of 25 days on 24.08.2025 and there is no plausible explanation for the same which itself makes the entire prosecution case doubtful. From bare perusal of the F.I.R. it is apparent that specific accusation of overt act has been levelled against co-accused Vishal Singh and Komal Singh, who have already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon’ble Court vide order dated 23.02.2026 passed in Cr. Misc. No. 91426 of 2025. It is further submitted that co-accused Ajay Kumar Singh has also been granted regular bail by a Co- ordinate Bench of this Hon’ble Court vide order dated Patna High Court CR. MISC. No.2068 of 2026(3) dt.31-03-2026 3/3 15.01.2026 passed in Cr. Misc. No. 309 of 2026. Petitioner claims clean antecedents. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and is husband of the informant and thus, he cannot claim parity with other accused persons who are in-laws of the informant. Moreover, there is specific accusation against this petitioner that he, along with other accused persons, committed torture and harassment with the victim due to non-fulfillment of additional demand of dowry and also attempted to burn the victim alive by pouring kerosene oil over her. 6. Considering the facts and circumstances of the case, specific and direct nature of accusation and gravity of offence, the prayer for grant of anticipatory bail to the petitioner is rejected. shashank/- (Prabhat Kumar Singh, J) U T