Patna High Court
Priyanshu Kumar @ Prinsu kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioner, Priyanshu Kumar, was arrested in connection with a dowry‑death case (Mahkar P.S. Case No. 188/2024) where he was alleged to have electrocuted his wife for dowry demands, charged under Sections 80, 238 and 3(5) of the B.N.S. The petitioner claimed innocence, arguing that the key informant had turned hostile and now testified that the death was accidental. He also highlighted his willingness to cooperate and noted a single prior criminal antecedent, having been in custody since 03‑01‑2025. The State opposed the grant of regular bail. After considering the circumstances, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused in a dowry‑death case where the prosecution witness has turned hostile
- Whether the petitioner’s prior criminal antecedent and custody period preclude bail
Legislation cited
- B.N.S. — s. 238, 3(5), 80
Subjects
- dowry death
- regular bail
- hostile witness
- criminal antecedent
- B.N.S.
- Sections 80, 238, 3(5)
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1982 of 2026
Arising Out of PS. Case No.-188 Year-2024 Thana- MAHKAR District- Gaya
======================================================
Priyanshu Kumar @ Prinsu kumar S/O Harendra Yadav R/O village- Jagdiha,
P.S.- Mahkar, District- Gaya ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Syed Asgher Najmi, Advocate
Mr.Wajeeha Jafui, Advocate
For the Opposite Party/s : Ms.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 16-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Mahkar P.S. Case No. 188/2024 registered for the offences
punishable under Sections 80, 238 and 3(5) of the B.N.S.
3. As per the prosecution case, accused persons
including the petitioner who is the husband of the deceased are
alleged to have killed the deceased for demand of dowry by
electrocuting her.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that in the trial, the informant
has turned hostile and has stated that the death of the deceased
Patna High Court CR. MISC. No.1982 of 2026(4) dt.16-04-2026
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was accidental. Learned counsel further submits that petitioner
has one criminal antecedent and he is in custody since
03.01.2025. The petitioner undertakes to co-operate in the case/
trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, 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 Additional Chief Judicial Magistrate-
IV, Gayaji/concerned Court below in connection with Mahkar
P.S. Case No. 188/2024.
(Sandeep Kumar, J)
tusharika/-
U T
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