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Patna High Court

Kush Kumar PandeyversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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