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Vijay Pal Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

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Patna HC
2026
Vijay Pal Vs The State of BiharVijay Pal v. The State of Bihar

Dismissed¶24

Vijay Pal v. The State of Bihar

Patna HC6 Apr 2026CR. MISC./88845/2025

Case brief

AI extract

What is this about?

Anticipatory bail denied/rejected; dowry death; Section 304(B) IPC; Section 34 IPC; Rohtas P.S. Case No. 211 of 2023; FIR dt. 16.08.2023; District Rohtas; Vijay Pal vs State of Bihar; Patna High Court Criminal Miscellaneous No. 88845 of 2025; order dt. 06-04-2026; Jitendra Kumar, J.; husband of deceased; assault allegations; death during treatment at parental home; parity with parents-in-law already on anticipatory bail; one criminal antecedent; alleged dying declaration; APP contended murder rather than dowry death. Relevant to advocates assessing anticipatory-bail outcomes in S. 304(B) matters where the applicant is the husband, faces assault-causing-death allegations, and has a criminal antecedent.

What did the court decide?

On the stated allegations that the deceased died on account of assault committed by the petitioner and his family members, the Court declined to enlarge the petitioner on anticipatory bail.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether anticipatory bail should be granted to the petitioner (husband of the deceased), who apprehends arrest in Rohtas P.S. Case No. 211 of 2023, registered for offences punishable under Section 304(B) read with Section 34 IPC.

Court's answer

On the stated allegations that the deceased died on account of assault committed by the petitioner and his family members, the Court declined to enlarge the petitioner on anticipatory bail.

Detailed headnote1 paragraphs

Anticipatory bail - rejection. Patna High Court (Jitendra Kumar, J.), order dt. 06-04-2026 in Cr. Misc. No. 88845 of 2025: anticipatory bail application of Vijay Pal, husband of the deceased, in Rohtas P.S. Case No. 211 of 2023 (dt. 16.08.2023; S. 304(B) r/w S. 34 IPC) REJECTED. Allegations: marriage of victim with petitioner in 2014; additional dowry demands thereafter; on 04.08.2023 victim allegedly badly assaulted by petitioner-husband and family members and taken to parental home, where she died during treatment. Counsel asserted innocence, parity (both parents-in-law already granted anticipatory bail by a co-ordinate Bench), and that death occurred at the _maike_ during treatment; bail petition recorded no earlier bail application (para no. 2) and one criminal antecedent (para no. 3). APP opposed, contending it was murder rather than dowry death linked to non-fulfilment of illegal dowry demand and citing an alleged dying declaration by the petitioner-husband to the informant-brother. Weighing the allegation that the deceased died on account of assault by the petitioner and his family members, the judge declined anticipatory bail and rejected the petition.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88845 of 2025

Arising Out of PS. Case No.-211 Year-2023 Thana- ROHTAS District- Rohtas

======================================================

Vijay Pal S/O Rajendra Pal R/O Village- Pakariya, P.S- Akodhigola, Distt.Rohtas.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate For the State : Mr. Bharat Bhushan, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

3 06-04-2026

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail, apprehending his arrest, in connection with Rohtas P.S. Case No. 211 of 2023 dated 16.08.2023, registered for the offences punishable under Section 304(B) read with Section 34 of the Indian Penal Code.

As per allegation, the victim was married with the petitioner in the year, 2014 and after the marriage, she joined the matrimonial home of her husband/petitioner herein. However, additional demand of dowry started and on account of nonfulfillment of the same, the petitioner and other family members started torturing the victim. It is further alleged that on 04.08.2023, the victim was badly assaulted by the petitionerhusband and his family members and she was taken to parental

Patna High Court CR. MISC. No.88845 of 2025(3) dt.06-04-2026 2/3

home where she was getting treatment, but in course of treatment, she died.

Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that both parents-in-law have got anticipatory bail by a co-ordinate Bench of this Court. He further submits that it is not a case of dowry death and the victim has died at her maike in course of treatment.

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

It has further been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.

However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail submitting that the petitioner is the husband of the victim and due to assault by him and his family members, she died in course of treatment. Hence, it is a case of murder rather than dowry death, though it is related with non-fulfillment of illegal demand of dowry. But as per the allegation, there is dying declaration by the petitionerhusband to the informant-brother. Hence, this is not a fit case for grant of privilege of anticipatory bail to the petitioner, who is

Patna High Court CR. MISC. No.88845 of 2025(3) dt.06-04-2026 3/3

husband of the victim.

Considering the fact that as per allegation, the deceased had died on account of assault committed by the petitioner and his family members, I am not persuaded to enlarge the petitioner on anticipatory bail.

Accordingly, the anticipatory bail petition of the petitioner is hereby rejected .

(Jitendra Kumar, J)

shoaib/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether anticipatory bail should be granted to the petitioner (husband of the deceased), who apprehends arrest in Rohtas P.S. Case No. 211 of 2023, registered for offences punishable under Section 304(B) read with Section 34 IPC.¶13
The court held
On the stated allegations that the deceased died on account of assault committed by the petitioner and his family members, the Court declined to enlarge the petitioner on anticipatory bail.ratio¶23

Statutes considered

2 provisions across 1 enactments

AI extract

Indian Penal Code304(B)¶13 34¶13

Procedural history

How this case reached the court

AI extract

Prior proceeding
Rohtas P.S. Case No. 211 of 2023 dated 16.08.2023 registered for offences punishable under Section 304(B) read with Section 34 of the Indian Penal Code; petitioner seeks anticipatory bail apprehending arrest in connection therewith.¶13
Prior proceeding
Per petitioner's counsel, both parents-in-law of the petitioner have already been granted anticipatory bail by a co-ordinate Bench of this Court.¶17
Prior proceeding
As stated in paragraph no. 2 of the bail petition, the petitioner has made no earlier application either for anticipatory bail or regular bail in this case.¶18
Prior proceeding
As stated in paragraph no. 3 of the bail petition, the petitioner has one criminal antecedent.¶19

Parties & counsel

AI extract

petitioner
Vijay Pal S/O Rajendra Pal R/O Village- Pakariya, P.S- Akodhigola, Distt.Rohtas.¶4
Rajesh Kumar Singh
respondent
The State of Bihar¶7
Bharat Bhushan

Coram

AI extract

Jitendra Kumarauthor¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 6 Apr 2026 · April
Registered: 16 Dec 2025
Case no.: CR. MISC./88845/2025
CNR: BRHC011295302025
Topic: Murder and Culpable Homicide
Bench: Jitendra Kumar
Disposal: BAIL REJECTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Vijay Pal v. The State of Bihar, CR. MISC./88845/2025 (PAT), decided on 6 April 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Indian Penal Code304(B) · 34

View all statutes

Procedural history4

Rohtas P.S. Case No. 211 of 2023 dated 16.08.2023 registered for offences punishable under Section 304(B) read with Section 34 of the Indian Penal Code; petitioner seeks anticipatory bail apprehending arrest in connection therewith.
Per petitioner's counsel, both parents-in-law of the petitioner have already been granted anticipatory bail by a co-ordinate Bench of this Court.

View full history

Bench / Coram

Jitendra Kumar

Parties & counsel