Patna High Court
Gaurav Kumar @ Monu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Gaurav Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 80 and 3(5) of the B.N.S., where the prosecution alleged his involvement in the killing of an informant's daughter over a dowry demand. The petitioner contended he was merely the brother‑in‑law of the deceased, that the FIR contained vague allegations, and that the post‑mortem indicated death by suicide (hanging). He also highlighted that the husband of the deceased, who bore primary responsibility, was already in custody, and that the petitioner was a student preparing for competitive exams. The State opposed the bail application. Considering the familial relationship, the custody of the husband, and the lack of concrete evidence, the Court granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 438(2) CrPC and Section 482(2) of the B.N.S.S., 2023.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 438 of the CrPC and Section 482 of the B.N.S.S., 2023, given the allegations of dowry‑related homicide?
- Whether the circumstances, including the petitioner’s relationship to the deceased and the husband’s custody, justify bail despite the FIR’s allegations?
Legislation cited
- B.N.S. — s. 3(5), 80
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- Section 438
- Section 482
- Criminal Procedure
- Bihar Narcotic Substances Act
- post‑mortem
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26464 of 2026
Arising Out of PS. Case No.-345 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Gaurav Kumar @ Monu Kumar Son of Manoj Kumar Thakur @ Manoj
Thakur Resident of Village - Panchveer West, Ward No.- 02, Police Station -
Sahebpur Kamal, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvottam Kumar, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 80 and 3 (5) of B.N.S.
3. As per the prosecution case, petitioner and other
killed the daughter of the informant for non-fulfillment of demand of
dowry.
4. Learned counsel for the petitioner submits, at the
outset, that the petitioner is the brother-in-law i.e. devar of the
deceased and there are general and omnibus allegations made in the
First Information Report. As per the post-mortem report, the cause of
death is due to asphyxia caused by hanging indicating an act of
suicide. It has further been submitted that the petitioner is separate in
his residence and mess and has no concern with the day to day affairs
Patna High Court CR. MISC. No.26464 of 2026(2) dt.01-05-2026
2/2
of the deceased and her husband. The husband of the deceased has
already surrendered and is in custody as has been stated in paragraph
22 of the petition. Petitioner is a student and preparing for
competitive examination.
5. The application for anticipatory bail is opposed by
learned A. P.P. for the State.
6. Taking into consideration the facts and circumstances
and also considering the fact that the petitioner is the brother-in-law
of the deceased and the husband of the deceased, who is primarily
responsible for the welfare of his wife, is already in custody, let the
petitioner, in the event of his arrest or surrender before the learned
Court below within a period of four weeks, be released on
anticipatory bail in connection with Sahebur Kamal Thana Case No.
345 of 2025 of on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is pending
subject to the condition laid down under Section 438(2) of the Code
of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
vashudha/-
U T
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