Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court denied bail, holding that the statutory presumption and the material prima facie evidence justify continued custody.
Summary
The petitioner, Rupesh Kumar, was arrested in connection with the death of his wife, who allegedly committed suicide following dowry demands and his alleged extra‑marital relationship with another woman, Archana. The FIR charges him under Sections 108, 80 and 3(5) of the Bihar Narcotic Substances Act and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner, a teacher with a clean record, applied for regular bail, contending that the informant (the victim's father) is not an eye‑witness and that the case is based merely on suspicion. The State and the informant opposed bail, emphasizing the statutory presumption against a husband in dowry‑death cases and the alleged evidence such as the bank passbook naming Archana as nominee. After hearing both sides, the Court found the material prima facie sufficient to justify continued custody and refused the bail application.
Issues considered
- Whether bail can be granted to the accused under the provisions of the Bihar Narcotic Substances Act and the Dowry Prohibition Act in a dowry‑death case.
- Whether the presumption against the husband in a dowry‑death case applies despite the petitioner’s claim of innocence.
- Whether the evidence presented (FIR, bank passbook, alleged extra‑marital relationship) establishes a prima facie case warranting denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 108, 3(5), 80
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- Dowry Prohibition Act
- presumption against husband
- extra‑marital relationship
- criminal procedure
- prima facie evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27030 of 2026
Arising Out of PS. Case No.-355 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
Rupesh Kumar S/O Sri Kishor Prasad Chourasiya R/O Modi Tola, Balu Ghat
Road, Sultanganj, P.S. Sultanganj, Dist. Bhagalpur, Bihar, 813213
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arun Chourasiya S/O Late Triveni Modi R/O Vill.- Tiwarideeh, P.O.-
Rohini, P.S.- Jasidih, Dist.- Deoghat, Jharkhand- 814112
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar
For the Opposite Party/s : Mr.Md. Matloob Rab
Mr.Md. Tamahid Babu
Mr.Md. Huzaifa
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 108, 80 and 3(5) of the
B.N.S. and Sections 3 and 4 of the D. P. Act.
3. The learned counsel for the petitioner submits that
the petitioner is in custody since 15.08.2025 and is a person
with clean antecedent and informant alleges that his daughter
was married to petitioner on 18.06.2025, after marriage, the
accused persons including the petitioner started torturing the
victim for non-fulfilment of the dowry demand of Rs.10 Lacs.
Further, petitioner was having an extra marital relation with
Patna High Court CR. MISC. No.27030 of 2026(2) dt.14-05-2026
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Archana and victim had caught the petitioner many a times
talking to Archana on phone and when victim protested, the
petitioner used to say that he can leave her but not Archana.
Further, even informant tried to reason out with the petitioner
but then petitioner was not willing to listen to the informant. It
is next alleged that accused persons including the petitioner
provoked the victim and thus victim committed suicide. Further,
he came to know about the occurrence from the villagers.
Accordingly, the informant reached the place of occurrence and
found the dead body of his daughter lying in the house. It is also
alleged that bank passbook of petitioner is appended with the
FIR in which nominee is Archana.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant being husband of the deceased. It is next submitted
that informant is not an eye witness to the occurrence and the
entire allegation hinges around suspicion. It is further submitted
that from perusal of the allegation as alleged in the F.I.R., it
would manifest that informant himself alleges that victim
committed suicide. It is also submitted that petitioner is a
teacher and is languishing in judicial custody.
5. Learned A.P.P. as well as the learned counsel
Patna High Court CR. MISC. No.27030 of 2026(2) dt.14-05-2026
3/3
appearing on behalf of the informant opposes the bail
application and submits that what is not in dispute rather stands
admitted is that the victim died soon after marriage as such
presumption in law is also against the husband of the deceased.
It is further submitted that from perusal of the allegations as
alleged in the FIR, it would manifest that informant specifically
alleges that dowry was being demanded and petitioner was in an
extra marital relation with Archana and in support of the same
bank passbook has been appended, which records Archana as a
nominee. It is further submitted that petitioner being husband
had the responsibility of ensuring the well being of his wife but
then instead of ensuring well being of his wife, the petitioner
created condition conducive for the victim to take the extreme
steps of ending her life.
6. After hearing the learned counsel for the parties,
the Court is not inclined to release the petitioner on bail.
7. The prayer of the petitioner for regular bail stands
rejected.
(Satyavrat Verma, J)
vikash/-
U T
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