Patna High Court
Chandan Kumar @ Chandan KuwarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Chandan Kumar, was arrested in connection with a case alleging his involvement in the death of his wife Aarti Kumari, who was said to have been subjected to dowry‑related cruelty. The prosecution claimed homicide, while the defence argued that the death was a suicide, citing the post‑mortem report which showed a single black ligature mark consistent with hanging and no ante‑mortem injuries. The petitioner asserted his innocence, highlighted his clean record and noted that he had been in judicial custody since 17‑12‑2025. The State opposed the bail application. After considering the facts, the court granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the conditions set by the Chief Judicial Magistrate, Bettiah. The order was delivered by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the petitioner under Sections 80(2) and 3(5) of the B.N.S. given the circumstances of the alleged offence.
- Whether the death of the deceased was a suicide, as claimed by the defence, or a homicide, as alleged by the prosecution, and its impact on the bail decision.
Legislation cited
- B.N.S. — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- suicide
- criminal procedure
- B.N.S.
- Section 80(2)
- Section 3(5)
- postmortem
- hanging
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13225 of 2026
Arising Out of PS. Case No.-742 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Chandan Kumar @ Chandan Kuwar, Son of Mukesh Kuwar @ Mukesh
Kumar Singh, Resident of Village - Rulhi, Vishambhara, Ward no. 7, P.S. -
Majhauliya, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sujeet Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Majhaulia P.S. Case No. 742 of 2025 registered for the
offence punishable under Sections 80(2) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
daughter of the informant, namely, Aarti Kumari was married to
this petitioner on 07.06.2025. She was being subjected to
cruelty on account of non-fulfillment of dowry demand. The
informant received a call on his mobile that the deceased has
been killed by the in-laws. It is further alleged that one day prior
the the occurrence, the deceased has disclosed that she was
subjected to cruelty and was assaulted due to non-fulfillment of
Patna High Court CR. MISC. No.13225 of 2026(3) dt.02-04-2026
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demand of Rs. 5,00,000/-.
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. It has further been submitted that the occurrence is of the
day of Chhath Puja and on that day, all the in-laws have gone to
the Chhath Ghat and the victim has committed suicide. It has
further been submitted that from perusal of the postmortem
report also it will transpire that the doctor conducting autopsy of
the deceased has found one black oblique ligature mark size 9”
long and ½” wide, extending from right below mastoid to left
below temporo-mandibular joint and the death was due to
asphyxia as a result of hanging. It has further been submitted
that save and except the ligature mark, no any ante-mortem
injury on the person of the deceased. It has further been
submitted that the informant of this case has filed a petition
before the learned trial Court wherein he has stated that the
deceased has committed suicide. Petitioner is having no
criminal antecedent and he is languishing in judicial custody
since 17.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
Patna High Court CR. MISC. No.13225 of 2026(3) dt.02-04-2026
3/3
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. 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 C.J.M.,
Bettiah, West Champaran in connection with Majhaulia P.S.
Case No. 742 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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