Patna High Court
Basant Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
Basant Kumar Singh was arrested in connection with a case alleging that, after his marriage to the informant's daughter, he and co‑accused tortured her and demanded dowry, culminating in her death by hanging. The prosecution contended that the death was a dowry death and that the petitioner participated in the murder, while the petitioner argued that the death was a suicide arising from a marital dispute and that he was falsely implicated. The petitioner sought regular bail under Sections 80 and 3(5) of the B.N.S., asserting a clean record and cooperation with the trial. The State and the informant opposed bail, maintaining that the case involved dowry‑related homicide. After evaluating the submissions and the circumstances, the court ordered that bail be granted on the condition of a Rs.10,000 bond with two sureties and required the petitioner’s physical presence in court on each date, failing which the bail could be cancelled.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 80 and 3(5) of the B.N.S. despite allegations of dowry death.
- Whether the death of the deceased qualifies as a dowry death or a suicide.
- Whether the petitioner’s alleged participation in the alleged murder justifies denial of bail.
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- bail
- dowry death
- suicide
- criminal procedure
- Section 80
- Section 3(5)
- B.N.S.
- husband-wife dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2732 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Basant Kumar Singh S/O Late Bhagwati Singh R/O Village- Kauriya Vaishya
Toli, P.S- Bhagwanpur Haat, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Thakur, Advocate
Mr. Anuj Kumar, Advocate
For the State : Mr. Sunil Kumar Pandey, APP
For the Informant : Mr. Sunil Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 02-04-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bhagwanpur Hat P.S.
Case No. 157 of 2025, registered for the offence under Sections
80 and 3(5) of the B.N.S.
3. As per the prosecution case, on 24.11.2024 the
daughter of the informant had solemnized marriage with the
petitioner and after marriage the petitioner along with other co-
accused persons started torturing her in connection with the
demand of dowry in the form of a car, to do business and Rs.
10,00,000/- and in non-fulfillment of the same the daughter of
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the informant was tortured even her mobile phone was snatched.
It is further alleged that the informant was not in a position to
fulfill the said demanded amount. On 30.04.2025, the daughter
of the informant was physically assaulted and hanged from a
ceiling fan by her in-law’s due to the non-fulfillment of demand
of dowry.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. It has further been submitted that, in fact, there was a
dispute between the husband (petitioner) and his deceased wife.
Moreover, referring to paragraph 47 of the case diary, it has
been submitted that the WhatsApp chat indicates the petitioner
was unable to fulfill his wife’s desires for travel, outings, and
certain facilities due to his weak financial condition. It has also
been submitted that the post-mortem report suggests no external
or internal injuries on the person of the deceased. On external
examination, a ligature mark was present on the neck but knot
on the left side of the angle of mandible, and hence, it does not
suggest strangulation. The autopsy surgeon has mentioned the
cause of death as hanging.
5. Learned counsel for the petitioner has further been
submitted that this is not a case of dowry death; rather, it is a
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case of suicide committed by the deceased in the spur of the
moment and in a heat of passion due to the non-fulfillment of
certain demands by the petitioner. Charge-sheet has already
been submitted against the petitioner and he undertakes to co-
operate in the trial. It has lastly been submitted that the
petitioner has clean criminal antecedent and is in custody since
04.07.2025.
6. Learned APP appearing on behalf of the State and
learned counsel for the informant vehemently opposed the
prayer for grant of bail to the petitioner. Learned counsel for the
informant submits that it is a case of dowry death and deceased
was done to death within five months of marriage and petitioner
being the husband has actively participated in the commission
of murder of the deceased.
7. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Siwan, in connection with
Bhagwanpur Hat P.S. Case No. 157 of 2025.
8. The application stands allowed.
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9. The petitioner is directed to remain physically
present before the learned Court below on each and every date,
failure on two consecutive dates without reasonable cause, the
bail bonds of the petitioner would be liable to be cancelled.
(Praveen Kumar, J)
Jyoti/-
U T
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