Patna High Court
Kush Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed as the court was not convinced that the death was a suicide and therefore did not find sufficient grounds to grant bail.
Summary
The petitioner, Kush Kumar Pandey, applied for bail in a criminal case (PS Sonpur Case No. 1241 of 2025) alleging offences under Sections 80(2) and 61(2) of the BNS and Section ¾ of the Dowry Prohibition Act. The prosecution alleges that the petitioner and co‑accused killed the deceased. The petitioner contended that the death was a suicide, citing a broken door lock and a diary entry indicating self‑inflicted death. The court examined the material on record and concluded that the deceased had indeed committed suicide as a result of torture and dowry demands. Consequently, the court was not inclined to grant bail and dismissed the application, while noting that the observations were limited to the bail application and did not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged murder and dowry‑related offences.
- Whether the death of the deceased can be treated as a suicide, thereby affecting the bail consideration.
Legislation cited
- BNS — s. 61(2), 80(2)
- Dowry Prohibition Act — s. ¾
Subjects
- bail
- dowry prohibition
- suicide
- murder
- criminal procedure
- section 80(2) BNS
- section 61(2) BNS
- section ¾ D.P. Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20442 of 2026
Arising Out of PS. Case No.-1241 Year-2025 Thana- SONEPUR District- Saran
======================================================
Kush Kumar Pandey S/O Jairam Pandey R/O Vill.- Ismailchak,P.S-
Sonpur,Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Tiwary
For the Opposite Party/s : Mr.Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Sonpur P.S. Case No. 1241 of 2025 registered for the offence
under Sections 80(2), 61(2) of the BNS and under Section ¾ of
the D.P. Act.
3. As per the prosecution case, the petitioner and
other accused persons are said to have killed the deceased.
4. The petitioner is in custody since 31.12.2025.
5. Learned counsel for the petitioner submits that
the deceased has committed suicide and the description of the
place of occurrence in paragraph 12 of the case diary shows that
the deceased has committed suicide. He further submits that the
lock of the door of the room was found broken after the
Patna High Court CR. MISC. No.20442 of 2026(2) dt.01-04-2026
2/2
discovery of the suicide by the family members of the petitioner.
6. Considering the materials available on record, it
appears that the deceased has committed suicide because of
torture and demand of dowry and therefore, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. 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
Checking your session…