Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Deepak Kumar was arrested in connection with a dowry‑death case (PS Case No. 275 of 2025) and charged under several sections of the Bihar Narcotic Substances Act, 2023 and the Dowry Prohibition Act. The prosecution alleged that Kumar, along with family members, murdered his daughter over a dowry demand. The defence argued that the FIR was fabricated, the deceased had committed suicide in the presence of police, and the petitioner had a clean antecedent. The court examined the circumstances of the death, noting that the body was found in a room opened before police, which suggested suicide. Considering these facts, the court granted bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted in a dowry‑death case involving serious offences under the BNS Act and Dowry Prohibition Act.
- Whether the circumstances of the death (possible suicide) negate the presumption of guilt and justify bail.
- Whether the petitioner’s alleged clean antecedent affects the bail decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 3(5), 61(2), 80, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- suicide
- false FIR
- Bihar Narcotic Substances Act
- Dowry Prohibition Act
- criminal procedure
- presumption of guilt
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22808 of 2026
Arising Out of PS. Case No.-275 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
Deepak Kumar S/O Shiv Pujan Sah Resident of Village - Shyampur P.S. -
Adapur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Madhurendra Kumar, learned counsel for
the petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.11.2025 in connection with Adapur P.S. Case No. 275 of
2025, F.I.R. dated 16.07.2025 for the offences punishable under
Sections 115(2), 126(2), 80, 61(2), 85 and 3(5) of the BNS,
2023 and Section 3/4 of the D.P. Act.
3. According to prosecution case, the informant
suspects that this petitioner along with his family members have
killed his daughter due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.22808 of 2026(2) dt.08-04-2026
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FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. In fact, the deceased has
committed suicide herself and it has come during investigation
in paragraph nos. 3 & 4 of the case diary that in presence of
police the room was opened and dead body of the deceased was
found in the said room which suggest that the deceased has
committed suicide herself. He further submits that the police
after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 06.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the dead body of the deceased was found in the room which
was opened in the presence of police which suggest that the
deceased has committed suicide herself, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate 1 st
Class, Raxaul, East Champaran, Motihari in connection with
Adapur P.S. Case No. 275 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.22808 of 2026(2) dt.08-04-2026
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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