Patna High Court
Babulal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Babulal Kumar, applied for bail in a case registered under Sections 108 and 3/5 of the B.N.S., 2023 concerning the alleged dowry‑related suicide of his wife. The prosecution alleged that the deceased was found hanging after being subjected to cruelty for non‑payment of dowry, and that the petitioner, as husband, was implicated. The petitioner contended that he was innocent, that the FIR was vague, that the only post‑mortem finding was a ligature mark, and that he had no prior criminal record, having been in judicial custody since 1 December 2025. The State opposed bail. After hearing both sides, the Court found insufficient material to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail in a case under Sections 108 and 3/5 of the B.N.S., 2023 relating to a dowry‑related death.
Legislation cited
- B.N.S., 2023 — s. 108, 3/5
Subjects
- bail
- dowry death
- Section 108
- criminal procedure
- matrimonial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13350 of 2026
Arising Out of PS. Case No.-488 Year-2025 Thana- AMARPUR District- Banka
======================================================
Babulal Kumar S/o- Upendra Das R/v- Babhangama Ps- Amarpur Dist-
Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Amarpur P.S. Case No. 488 of 2025 (G.R. No. 2459 of
2025) registered for the offence punishable under Sections 108
and 3/5 of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the
informant received an information from Amarpur P.S. that his
daughter has committed suicide. Based on this information,
when the informant reached the matrimonial house of the
deceased, he found that his daughter was hanging with a fan. It
is further alleged that his daughter was subjected to cruelty on
account of the non-fulfillment of the dowry demand by in-laws.
Petitioner is the husband.
Patna High Court CR. MISC. No.13350 of 2026(4) dt.23-04-2026
2/3
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. He also submits that from perusal of the FIR, it is clear
that the nature of the allegation is general and omnibus. He also
submits that from perusal of the case diary, it will transpire that
Punam Devi (mother of the petitioner) has given information
regarding the occurrence, and thereafter the police have
informed the informant. He also submits that had the offence
been committed by the petitioner and in-laws, they would have
not informed the police. He further submits that the police have
registered a case under Section 108 of the BNS, and from
perusal of the postmortem report, it will transpire that only one
antemortem injury, i.e., ligature mark was found on the neck of
the deceased and the opinion of the doctor conducting the
autopsy of the deceased is that the cause of death is asphyxia
due to antemortem injury. Moreover, a statement has been made
in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
01.12.2025.
5. The application for bail is opposed by learned APP
for the State.
Patna High Court CR. MISC. No.13350 of 2026(4) dt.23-04-2026
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 Chief
Judicial Magistrate, Banka in connection with Amarpur P.S.
Case No. 488 of 2025 (G.R. No. 2459 of 2025).
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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