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Patna High Court

Manohar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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