Patna High Court
SANTU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the bail application, directing the petitioner to be released on bail with a bond and sureties.
Summary
The petitioner, Santu Kumar, sought regular bail in a murder case (PS Belchhi Case No. 157 of 2025) where he is accused under Sections 103(2) and 3(4) of the Bihar Narcotic Substances Act for allegedly killing his wife, the informant's daughter, over a dowry dispute. The informant alleged that the petitioner and his in‑laws tortured the daughter for dowry and that she later drowned, which the informant claims was a murder. The petitioner’s counsel argued there is no direct evidence, no FIR under IPC Section 498A, and that the death was accidental, emphasizing the petitioner’s clean record and the need to care for his child. The State opposed bail, contending the seriousness of the offences. After reviewing the record, the court held that bail should be granted, directing the petitioner to be released on a bail bond of Rs.10,000 with two sureties, and allowed the application.
Issues considered
- Whether regular bail can be granted to the accused under Sections 103(2) and 3(4) of the Bihar Narcotic Substances Act in a murder case.
- Whether the allegations of dowry demand and alleged torture justify denial of bail.
- Whether the absence of an FIR under IPC Section 498A and lack of eyewitness testimony affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(2), 108, 3(4)
- Indian Penal Code — s. 498A
Subjects
- regular bail
- murder
- dowry dispute
- Bihar Narcotic Substances Act
- IPC 498A
- evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14216 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- BELCHHI District- Patna
======================================================
SANTU KUMAR S/o Ram Janam Prasad @ Ramjanm Prasad Resident of
Village- Jakki, Police Station- Bind, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Belchhi P.S. Case No.
157 of 2025 dated 02.09.2025 registered for the offences
punishable under Sections 103(2) and 3(4) of B.N.S.
3. As per the allegation, the daughter of the informant
was married with the petitioner in the year 2014 and after
marriage, the petitioner who happens to be the husband as well
as in-laws of his daughter used to torture the daughter of the
informant in relation to demand of dowry. It has been alleged
that the informant parted with Rs. 2 lakhs to the in-laws of his
daughter. It has been further alleged that on 31.08.2025, the
informant got information that his daughter, namely, Sujata
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Kumari had been drown in a pond. The informant expressed
firm belief that the petitioner along with in-laws have murdered
his daughter in relation to demand of dowry.
4. Learned counsel for the petitioner has submitted
that although the petitioner is the husband of the deceased, but
there is no iota of evidence against him. He has further
submitted that although there is allegation of demand of dowry
and alleged torture for non-fulfillment of the same but the FIR
has not been registered under Section 498(A) of the IPC. The
marriage was solemnized in the year 2014 and there is no
allegation that ever demand of dowry was made. Learned
counsel for the petitioner has also submitted that in fact U.D.
case was registered at the behest of the petitioner which is still
under investigation. The informant with oblique motive has
lodged the present case after a delay of two days when he was
aware of the fact that deceased was accidentally drown.
Moreover, he took part in the cremation and its rituals. It has
further been submitted that after thorough investigation charge-
sheet has been filed under Section 108 B.N.S. There is no eye-
witness to the alleged occurrence of murder. The petitioner is in
custody since 14.10.2025 having no criminal antecedent and a
child out of wedlock is not being properly cared due to long
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incarceration of the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Perused the record and considered the submissions
of the parties as well as the facts and circumstances of the case,
the petitioner above-named is directed to be enlarged on bail on
furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Barh, Patna in connection with
Belchhi P.S. Case No. 157 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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