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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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