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Patna High Court

Sumit Kumar Pandey @ Sumit PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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