Patna High Court
Prabhakar KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court denied regular bail, holding that the petitioner is not entitled to bail until the forensic report is produced.
Summary
The petitioner, Prabhakar Kumar, sought regular bail in a case alleging his involvement in the death of his wife, Nitu Kumari, who allegedly died after a fall from the bed. The prosecution contends that the death was not natural, citing statements that the petitioner assaulted the deceased and that the death may be a homicide linked to dowry demands. The petitioner argues he is innocent, claiming the death was a suicide and that the post‑mortem found no ante‑mortem injuries, also noting his lack of prior criminal record. The State opposed bail, emphasizing the need for the petitioner to explain the circumstances and the pending forensic report on the viscera. The court, finding the allegations serious and the forensic report still awaited, refused bail, allowing the petitioner to re‑apply after the report is received.
Issues considered
- Whether regular bail should be granted to the petitioner pending trial for offences under sections 126(2), 115(2), 80, 352, 351(2) and 3(5) of the BNS.
- Whether the death of the deceased can be presumed a suicide or a homicide based on the available evidence.
- Whether the absence of the forensic science laboratory report justifies denial of bail.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115(2), 126(2), 3(5), 351(2), 352, 80
Subjects
- bail
- dowry death
- suicide vs homicide
- forensic report
- domestic violence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14838 of 2026
Arising Out of PS. Case No.-343 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Prabhakar Kumar S/o Shatrudhan Sah Resident of Village- Majhauliya, PS-
Pakaridayal, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126 (2), 115
(2), 80, 352, 351 (2) and 3 (5) of the BNS.
3. The case of the prosecution is that one Nitu
Kumari (deceased) was married to the petitioner eight months
ago. It is further alleged that after sometime of the marriage, he
was subjected to cruelty on account of non-fulfillment of the
demand for a motorcycle as dowry. On 21.07.2025 at about
1:30 A.M., the in-laws of the deceased informed that deceased
had fallen from the bed and sustained serious head injuries.
When the informant reached the matrimonial house, she found
the dead body of the deceased lying outside of the house.
Patna High Court CR. MISC. No.14838 of 2026(3) dt.20-04-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
nature of allegation is general and omnibus and from perusal of
the post-mortem report, it will transpire that the doctor
conducting the autopsy of the deceased did not find any ante-
mortem injury on the body. Forth mixed with blood coming out
from both nostrils was recorded as on external examination. The
cause of death could not be ascertained and the viscera was
preserved for chemical examination. It is further submitted that
in fact the deceased did not like the petitioner and had herself
committed suicide. Moreover, the petitioner is languishing in
judicial custody since 04.08.2025 having no criminal
antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail stating that during the course of
investigation local villagers have given their statement before
the police and has stated that the petitioner used to assault the
deceased after intoxication and the story that the deceased does
not like the petitioner is falsified by the statements of the local
villagers. It is further submitted that the death is otherwise, the
same is not natural. From perusal of the FIR, it is clear that the
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informant was informed that the deceased had fallen from the
bed but no injury in any part of the body was found. The
petitioner being the husband, it is the incumbent upon him to
explain the circumstances under which the deceased died. The
FSL with respect to the viscera is still awaited.
6. Considering the aforesaid facts and circumstances
of the case, this court is not inclined to enlarge the petitioner on
bail which is accordingly rejected. However, he may renew his
prayer for bail after the Forensic Science Laboratory Report
(FSL) is received in the trial Court.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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