Patna High Court
AKHILESH PANDITversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the post‑mortem indicating suicide, absence of external injuries, and the extended pre‑trial detention, the petitioner is entitled to bail.
Summary
Akhilesh Pandit was arrested in connection with the death of his wife, alleged to be a dowry‑related murder under Sections 80(2) and 3(5) of the BNS Act, Section ¾ of the Dowry Prohibition Act and Section 3(2)(v) of the Scheduled Castes Act. The petitioner contended that the deceased had committed suicide, pointing to a post‑mortem report that showed only a ligature mark and no external injuries. He further argued that he had been in custody since 21‑Oct‑2024 and that the trial had not yet concluded, invoking his right to a speedy trial. The court examined the nature of the allegations, the medical findings suggesting suicide, and the prolonged pre‑trial detention. Finding that the circumstances warranted bail, the court ordered his release on a bond of Rs. 10,000 with two sureties, while noting that the order was limited to bail and did not prejudice the merits of the case.
Issues considered
- Whether the petitioner is entitled to bail pending trial despite serious charges of dowry‑related homicide.
- Whether the post‑mortem findings indicating suicide and lack of external injuries justify granting bail.
- Whether the prolonged pre‑trial detention violates the right to a speedy trial, warranting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 80(2)
- Dowry Prohibition Act — s. ¾
- Scheduled Castes Act — s. 3(2)(v)
Subjects
- bail
- dowry death
- speedy trial
- post‑mortem
- suicide
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1456 of 2026
Arising Out of PS. Case No.-144 Year-2024 Thana- MUSRIGHRARI District- Samastipur
======================================================
AKHILESH PANDIT S/o- Ram Chandra Pandit R/v- Bathua Bujurg Ps-
Musri Gharari Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kedar Jha
For the Opposite Party/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Musarigharari P.S. Case No. 144 of 2024 registered for the
offence under Sections 80(2), 3(5) of the BNS, under Section ¾
of the D.P. Act and under Sections 3(2)(v) of the SC Act.
3. As per the prosecution case, the petitioner, who
is the husband of the deceased, is said to have killed the
deceased for demand of dowry.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that the deceased has committed
suicide and it is apparent from the post-mortem report also as
except for a ligature mark, there is no external injury on the
Patna High Court CR. MISC. No.1456 of 2026(4) dt.12-05-2026
2/2
body of the deceased. He next submits that though, the
petitioner is in custody since 21.10.2024 but the trial is not
concluded yet and the petitioner has a right to speedy trial.
5. Considering the allegation levelled against the
petitioner, the post-mortem report, the period of custody and the
delay in trial, this application is allowed.
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with
Musarigharari P.S. Case No. 144 of 2024.
7. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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