Patna High Court
Manohar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed, subject to specified conditions.
Summary
The petitioner, Manohar Kumar, sought regular bail in a dowry death case (Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023) where he is alleged to have killed his wife. He had been in custody since 16‑11‑2024 and argued that he is innocent, has a clean antecedent, and that the trial is delayed with only three of nine witnesses examined. The State opposed the bail. The Court considered the nature of the offence, the prolonged pre‑trial detention, and the trial delay, and concluded that bail could be granted subject to conditions. Accordingly, the Court ordered his release on bail of Rs.10,000 with two sureties and imposed conditions regarding verification of witness examination and regular appearance. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail can be granted in a dowry death case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the offence.
- Whether the delay in trial and limited examination of witnesses justify the grant of bail.
- What conditions may be imposed while granting bail in such a case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- trial delay
- Bharatiya Nyaya Sanhita
- criminal procedure
- regular bail
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13643 of 2026
Arising Out of PS. Case No.-89 Year-2024 Thana- DUMARIYA District- Gaya
======================================================
Manohar Kumar S/O Tulsi Paswan R/O Village- Sidhpur, P.S- Dumaria,, Dist-
Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar
For the Opposite Party/s : Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Dumaria P.S. Case No. 89 of 2024 registered for the offence
under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner, who is
the husband of the deceased, is alleged to have killed his wife
due to non-fulfillment of a dowry demand.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 16.11.2024 and claims clean
antecedent. It is further submitted that the trial is being delayed
Patna High Court CR. MISC. No.13643 of 2026(3) dt.23-06-2026
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by the prosecution and out of nine witnesses, three witnesses
have been examined.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the delay in trial and the period of custody, this application for
regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Dumaria P.S. Case
No. 89 of 2024 subject to conditions that:-
(i) At the time of accepting the bail
bonds, the Court below shall verify the
statement made on behalf of the petitioner
that only three witnesses have been
examined in the trial. If the said statement is
found to be true, then only the bail bonds of
the petitioner shall be accepted; otherwise,
the Court below shall pass appropriate
orders.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
Patna High Court CR. MISC. No.13643 of 2026(3) dt.23-06-2026
3/3
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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