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Patna High Court

Dilip KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the application for regular bail, directing the petitioner’s release upon furnishing the prescribed bail bond.

Summary

The petitioner, Dilip Kumar, was arrested in connection with a case alleging the murder of an informant's daughter over a dowry demand, charged under Sections 85, 103, 238, 61(2) and 80 of the B.N.S.S. He applied for regular bail, claiming innocence, a clean record, and that he had been in custody since 4 February 2025. The State opposed the bail, citing the seriousness of the offences. The court considered the length of custody and the delay in trial, and found no compelling reason to keep the petitioner detained. Consequently, the court granted regular bail on the condition of a Rs.10,000 bond with two sureties. The petitioner was ordered to be released upon furnishing the bail bond.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S.S.
  • Whether the period of custody and delay in trial justify the grant of bail

Legislation cited

Subjects

  • regular bail
  • dowry death
  • criminal procedure
  • delay in trial
  • B.N.S.S.
  • Sections 85,103,238,61(2),80
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22351 of 2026
                  Arising Out of PS. Case No.-74 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 Dilip Kumar Son of Ram Awadh Ram Resident of Village Bhaislote, P.S.-
                 Sonhan, District - Kaimur at Bhabhua.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Pawan Kumar Singh, Advocate
                 For the State           :        Mr.Dr. Ajeet Kumar, APP
                 For the Informant       :        Ms.Kiran Kumari Sharma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks regular bail in the present case

                   registered for the offences punishable under Sections 85, 103,

                   238, 61(2), 80 of the B.N.S.S.

                                 3. As per the prosecution case, accused persons

                   including the petitioner are said to have killed the daughter of

                   the informant for demand of dowry.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that petitioner has

                   clean antecedent and he is in custody since 04.02.2025. The

                   petitioner undertakes to co-operate in the case/ trial.
              Patna High Court CR. MISC. No.22351 of 2026(2) dt.30-04-2026
                                                          2/2




                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the period of custody and the delay in

                        trial, 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 Sessions Judge- II, Kaimur

                        at Bhabua/concerned Court below in connection with Bhabua

                        P.S. Case No. 74 of 2025.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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