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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
            Patna High Court CR. MISC. No.10014 of 2026(3) dt.11-03-2026
                                                        3/3




                      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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