Dhiraj Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4045 of 2026 Arising Out of PS. Case No.-429 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Dhiraj Dubey S/o Harendra Dubey R/o Village- Ekdarwa, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Nath Verma, Advocate For the State :

Mr. Uday Pratap Singh, APP For the Informant :

Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-07-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Informant.

2. The petitioner seeks regular bail in connection with Paharpur P.S. Case No. 429 of 2025 lodged on 09.08.2025 under Sections 103(1) and 3(5) of the Bhartiya Nyay Sanhita.

3. The accusation is of killing the sister of the informant by pouring kerosene oil and thereafter set her ablaze for non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, the entire prosecution case is based merely on suspicion. According to the prosecution itself, the informant was informed by the petitioner that the victim had committed suicide. Upon receiving

Patna High Court CR. MISC. No.4045 of 2026(3) dt.13-07-2026 2/3 such information, the informant reached the matrimonial home of his sister and found her lying in a burnt condition. It is further submitted that the marital life of the petitioner and the deceased was otherwise cordial, and two children were born out of the wedlock. However, due to the petitioner's poor financial condition, the deceased allegedly used to pressurize him to earn more, which occasionally led to disputes between them. Learned counsel further submits that the petitioner has been in judicial custody since 09.08.2025. Although one other criminal case has been instituted against him, the same has already been compromised. It is also submitted that the investigation has concluded and charge-sheet has been submitted. The petitioner undertakes to abide by any condition that may be imposed by this Court in the event of grant of bail.

5. Learned counsel appearing for the informant vehemently opposes the prayer for bail and submits that the accused persons, after subjecting the deceased to cruelty, killed her by pouring kerosene oil and thereafter set her ablaze. It is further submitted that, as appears from the case diary, three gotnis (co-sisters) were residing in the same house, though maintaining separate kitchens. Learned counsel also points out that the post-mortem report records the cause of death as burn

Patna High Court CR. MISC. No.4045 of 2026(3) dt.13-07-2026 3/3 injuries.

6. Learned counsel for the State also opposes the prayer for bail. However, he fairly submits that immediately after the occurrence, it was the petitioner himself who informed the informant about the incident.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of learned A.C.J.M., Motihari, East Champaran, in connection with Paharpur P.S. Case No. 429 of 2025, subject to the conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/Manshi U T