Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, subject to bond, sureties and conditions of cooperation and presence.
Summary
Amit Kumar was arrested in connection with the alleged murder of his wife, who was found hanging from a ceiling fan. The prosecution alleged dowry-related cruelty and that Kumar was the main perpetrator under Sections 80(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner’s counsel argued that the case actually implicates the petitioner’s aunt and sister, highlighted inconsistencies in the witness testimony about the locked room, and pointed to the post‑mortem report showing only a ligature mark and death by asphyxia due to hanging. The court examined the evidence and the petitioner’s lack of criminal antecedents, and considered the bail provisions. It granted regular bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation and presence at every trial date.
Issues considered
- Whether the petitioner is entitled to regular bail pending trial under the Bharatiya Nyaya Sanhita.
- Whether the evidence on record establishes a prima facie case justifying denial of bail.
- Interpretation of Sections 80(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita in the context of alleged dowry death.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 61(2), 80(2)
Subjects
- bail
- dowry death
- murder
- Bharatiya Nyaya Sanhita
- criminal procedure
- evidence
- post-mortem
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10014 of 2026
Arising Out of PS. Case No.-302 Year-2024 Thana- GOVINDGANJ District- East
Champaran
======================================================
Amit Kumar S/o Naval Kishor Singh R/o Village- Radhiya Tola Balha, P.S-
Govindganj, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with Sessions Trial No. 41 of 2025 arising out of
Govindganj P.S. Case No. 302 of 2024 registered for the
offence punishable under Sections 80(2), 61(2) & 3(5) of the
Bharatiya Nyaya Sanhita.
3. The case of the prosecution, in short, is that the
marriage of the deceased was solemnized with the petitioner on
10.02.2022. It is further alleged that the deceased was subjected
to cruelty on account of non-fulfillment of dowry demand of
generator and cow. On 18.08.2024 the deceased had talk with
her father and she has requested her father to take her. On the
next day about 09:00 A.M., the informant received an
Patna High Court CR. MISC. No.10014 of 2026(3) dt.11-03-2026
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information that his sister was strangulated to death. Her dead
body was found hanging in the ceiling fan.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that from
perusal of the FIR it is clear that main thrust of allegation is
against the aunt and sister of the petitioner and during course of
trial one witness has been examined who is P.W.-1. He has
stated in his examination-in-chief that he went to the door of
Nawal Singh hearing the hulla. The administration has also
arrived there. The door was closed which was opened by the
administration. He also entered in the room and found that the
deceased was handing. Learned counsel for the petitioner has
further submitted that in paragraph ‘8’ this witness has stated
that the room of the deceased was bolted from inside and the
door was broken by police. Learned counsel for the petitioner
has further submitted that from perusal of the post-mortem
report also it will transpire that the Doctor conducting autopsy
of the deceased has found only ligature mark on the neck of the
deceased and cause of death is asphyxia due to hanging. No any
ante-mortem injury except ligature mark was found on the
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person of the deceased. Learned counsel for the petitioner has
submitted that the petitioner is having no criminal antecedent
and he is in judicial custody since 20.08.2024.
5. The application for bail is opposed by learned APP
for the State and has stated that the petitioner is the husband and
main thrust of allegation is against him.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition that
the petitioner shall co-operate in the trial and shall remain
physically present on each and every date in the trial court.
The above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned ADJ-12th, Motihari, East Champaran in connection
with Govindganj P.S. Case No. 302 of 2024.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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