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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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