Patna High Court
Sumit Kumar Pandey @ Sumit PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Sumit Kumar Pandey, was arrested in connection with a murder case (IPC sections 304B, 201, 34) and dowry offences (Dowry Prohibition Act sections 3 and 4) alleged to have resulted from a dowry demand. He contended that the FIR was fabricated, he had no prior criminal record, and the allegations against him were generic. The prosecution opposed bail, emphasizing the seriousness of the charges. The court examined the petitioner’s clean antecedent, the length of his custody, and the lack of specific incriminating acts against him. Concluding that bail was appropriate, the court ordered his release on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in a case involving murder and dowry death charges under IPC 304B, 201, 34 and Dowry Prohibition Act 3, 4.
- Whether the petitioner’s clean antecedent and the nature of the allegations justify bail despite the seriousness of the offences.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 201, 304B, 34
Subjects
- bail
- murder
- dowry death
- IPC 304B
- IPC 201
- IPC 34
- Dowry Prohibition Act
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78340 of 2025
Arising Out of PS. Case No.-314 Year-2024 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Sumit Kumar Pandey @ Sumit Pandey Son of Late Birendra Pandey @
Birendra Tiwari Resident of Village - Dindayalpur, P.S.- G.B. Nagar, District -
Siwan, Bihar - 841506.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rananjay Kumar, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Rananjay Kumar, learned counsel for the
petitioner and Mr. Md. Aslam Ansari, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
22.01.2025 in connection with S. Tr. No. 179/2025, arising out
of G. B. Nagar P.S. Case No. 314 of 2024, F.I.R. 19.06.2024 for
the offences punishable under Sections 304(B), 201/34 of the
Indian Penal Code and section 3/4 of Dowry Prohibition Act.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have killed the daughter of the
informant due to non-fulfillment of demand of Rs. 5,00,000/-
(Rs. Five Lakhs) and a Bullet motorcycle as dowry.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.78340 of 2025(3) dt.22-01-2026
2/4
petitioner has clean antecedent and the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. and the petitioner
has been made accused in the present case merely on the ground
that he is the husband of the deceased. It appears from the F.I.R.
that although petitioner is named in the FIR but there is no
specific allegation of assault, overt act and demand of dowry is
attributed against him rather there is general and omnibus
allegation against all the accused persons including this
petitioner. In fact, the victim has received gas fire injury and the
petitioner had admitted her in Siwan Sadar hospital. Later on,
petitioner had admitted her in Heritage hospital, Gorakhpur
where she died and the petitioner and other family members
informed the family members of the deceased and cremation
had been took place at Gorakhpur itself. Learned counsel further
submits that the petitioner had deposited Rs. 40,000/- in the
name of the deceased in Heritage hospital, Gorakhpur on
16.06.2024 which appears that the petitioner has deposited the
amount in question in hospital for treatment of his wife. The
police after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 22.01.2025.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.78340 of 2025(3) dt.22-01-2026
3/4
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner has clean antecedent as well as
period of custody, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District and Additional Sessions Judge- 2 nd, Siwan
Judicial Magistrate, Sherghati, Gaya (Bihar) in connection with
S. Tr. No. 179/2025, arising out of G. B. Nagar P.S. Case No.
314 of 2024, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
Patna High Court CR. MISC. No.78340 of 2025(3) dt.22-01-2026
4/4
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
Checking your session…