Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted regular bail to the petitioner.
Summary
Ankit Kumar was accused of murdering his informant's daughter under Sections 304B and 34 of the Indian Penal Code, allegedly over a dowry demand. He had been in custody since June 2024 and his first bail application was rejected, with permission to reapply after nine months if the trial showed no progress. The petitioner argued that the trial had not examined any of the seven charge‑sheet witnesses and there was no substantive progress. The High Court noted the prolonged custody of about one year and nine months and the lack of trial advancement, and therefore granted regular bail on the second application. The bail was conditioned on a bond of Rs.10,000 with two sureties and the requirement to appear before the court as directed.
Issues considered
- Whether regular bail can be granted to an accused of a dowry death (IPC 304B/34) when the trial has not progressed and the accused has been in custody for an extended period.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- regular bail
- dowry death
- IPC 304B
- trial delay
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12600 of 2026
Arising Out of PS. Case No.-203 Year-2024 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
Ankit Kumar S/o- Amit Singh Resident of Sakari P.S- Kudra, Dist- Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 03-04-2026 Heard the learned Counsel for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with
Session Trial No. 251/2025, arising out of Kudra P.S. Case No.
203 of 2024, registered for the offences punishable under
Section 304(B)/34 of the Indian Penal Code
3. This is the second attempt on behalf of the
petitioner for grant of regular bail. Earlier, the prayer for regular
bail of the petitioner was rejected by this Court, vide order dated
dated 11.04.2025, passed in Cr. Misc. No. 11057 of 2025, giving
liberty to the petitioner to renew his prayer for bail after a period
of nine months if the trial does not show any progress
4. As per the prosecution case, the petitioner is
husband and has been made accused on the basis of the
Patna High Court CR. MISC. No.12600 of 2026(3) dt.03-04-2026
2/3
allegation that petitioner along with other accused persons,
killed the daughter of the informant by pressing her neck due to
non-fulfillment of the demand of one Apache motorcycle as
dowry.
5. Learned counsel for the petitioner submits that
petitioner is in custody since 20.06.2024 and earlier the bail
application of the petitioner was rejected by this Court with
liberty to the petitioner to renew his prayer for bail after a period
of nine months if the trial does not show any progress. Learned
counsel next submits that trial has not progressed at all and no
witness has yet been examined by the trial court. This Court had
called for a report vide order dated 18.02.2026 and in pursuance
thereof learned Additional Sessions Judge-II, Kaimur at Bhabua
has submitted a report stating therein that out of seven
chargesheet witnesses none has been examined. However,
summons have been sent to the witnesses.
6. Considering the fact that this is second attempt of
bail on behalf of the petitioner, petitioner has remained in
custody for about one year nine months and the trial has not
shown any substantial progress, I am inclined to grant grant the
petitioner privilege of regular bail.
7. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.12600 of 2026(3) dt.03-04-2026
3/3
8. 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
learned Additional Sessions Judge II, Kaimur at Bhabua, in
connection with Kudra P.S. Case No. 203 of 2024.
9. This is subject to the condition that the petitioner
shall present himself before the Court, as and when required and
in the event of failure on his part to appear before the Court on
two consecutive occasions, his bail bond shall be liable to be
cancelled.
(Anil Kumar Sinha, J)
Siwani/-
U T
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