Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner.
Summary
Santosh Kumar was arrested in connection with a dowry‑related murder case (Hilsa PS Case No. 487 of 2025) under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleges that he assaulted and killed his wife to demand dowry, while the petitioner contends that his wife died of a head injury sustained earlier and that he incurred substantial medical expenses for her treatment. He highlighted his clean antecedents, his custody since 24‑10‑2025, and the fact that his parents had been granted anticipatory bail in a related matter. The State opposed the bail application. The Court, after considering the circumstances, allowed the bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s clean antecedent, medical expenses incurred, and the anticipatory bail granted to his parents justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- criminal procedure
- anticipatory bail
- murder
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14905 of 2026
Arising Out of PS. Case No.-487 Year-2025 Thana- HILSA District- Nalanda
======================================================
Santosh Kumar Son of Lalendra Prasad @ Narendra Prasad R/o Vill. - Teka
Bigha, P.S - Hilsa, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the State : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Hilsa
P.S. Case No. 487 of 2025 registered for the offence punishable
under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioner is the
husband of the deceased. The allegation against the petitioner is
of assaulting and killing the deceased wife along with other co-
accused persons for demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. He
Patna High Court CR. MISC. No.14905 of 2026(2) dt.25-02-2026
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further submits that the deceased had fallen down and she was
treated initially at the local hospital and thereafter, she was
brought to Ford hospital and subsequently she was referred to
PMCH where during the course of treatment, she died. Learned
counsel has submitted that the deceased wife had sustained head
injury for which best possible treatment was being given for
which approximately the petitioner had spent a considerable
amount. However, unfortunate, during the course of treatment,
the wife of the petitioner passed away. He further submits that
the petitioner has clean antecedent and he is custody since
24.10.2025.
5. Learned counsel for the petitioner further submits
that the mother and father of the petitioner, who are in-laws of
the deceased were granted anticipatory bail by this Court vide
order dated 28.01.2026 passed in Cr. Misc. No. 90832 of 2025.
6. Learned APP for the State has vehemently opposed
the prayer for bail.
7. Considering the aforesaid facts and circumstances
of the case, this application for bail is allowed.
8. 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
Patna High Court CR. MISC. No.14905 of 2026(2) dt.25-02-2026
3/3
Additional Chief Judicial Magistrate, 1st Hilsa, Nalanda/
concerned Court in connection with Hilsa P.S. Case No. 487 of
2025.
(Sandeep Kumar, J)
P. Kumar
U T
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