Created by Fuzzy Cloud

Patna High Court

Arun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the application for regular bail, granting it subject to bond and verification conditions.

Summary

Arun Kumar was arrested in connection with a dowry‑death case (Sections 80(2), 238 of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act) after his wife allegedly died under suspicious circumstances. The prosecution alleged that Kumar killed his wife to extort dowry, while the petitioner claimed the wife had committed suicide and that the case was fabricated to pressure him into paying a fixed deposit of Rs.5 lakhs for the children. The petitioner, who has a clean antecedent and has been in custody since 3 Nov 2025, sought regular bail, undertaking to cooperate with the trial. The State opposed the bail. The court, after considering the facts, clean record, and the petitioner’s cooperation, granted regular bail on a bond of Rs.10,000 with two sureties, subject to verification that the children are residing with the petitioner’s family.

Issues considered

  • Whether regular bail should be granted to the accused in a dowry‑death case under Sections 80(2), 238 of the B.N.S. and Sections 3/4 of the Dowry Prohibition Act.
  • Whether the petitioner’s clean antecedent and cooperation justify bail despite the seriousness of the alleged offence.

Legislation cited

Subjects

  • bail
  • dowry death
  • Dowry Prohibition Act
  • B.N.S.
  • regular bail
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2929 of 2026
                     Arising Out of PS. Case No.-393 Year-2025 Thana- JAMOBAZAR District- Siwan
                 ======================================================
                 Arun Kumar S/O Faudi Bhagat @ Faudi Prasad Resident of Village- Jamo
                 Mathiya, P.S- Jamo Bazar, Distt.- Siwan.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anil Chandra, Advocate
                 For the Opposite Party/s :      Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   16-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Jamo

                   Bazar P.S. Case No. 393/2025 registered for the offences

                   punishable under Sections 80(2), 238 of the B.N.S. and Section

                   3/ 4of Dowry Prohibition Act.

                                3. As per the prosecution case, petitioner is accused of

                   killing his wife for demand of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. It is next submitted that the petitioner and the

                   deceased were married in the year 2019 and they have two

                   children who are now staying with the petitioner’s family and
Patna High Court CR. MISC. No.2929 of 2026(5) dt.16-04-2026
                                            2/3




          when the deceased committed suicide, the family members of

          the deceased were informed by the petitioner. Learned counsel

          further submits that the present case has been filed by the

          prosecution only to pressurize the petitioner to give F.D.R. of

          Rs. 5 lakhs in the name of the children out of which Rs. One

          lakh was already given to the prosecution side, but after a delay

          of three days, this FIR was filed. Petitioner has clean antecedent

          and he is in custody since 03.11.2025. The petitioner undertakes

          to co-operate in the case/ trial.

                       5. Learned APP for the State has opposed the prayer

          for regular bail of the petitioner.

                       6. Considering the facts and circumstances of the

          case, this application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned S.D.J.M., Siwan/concerned Court

          below in connection with Jamo Bazar P.S. Case No. 393/2025

          subject to the following condition:-

                                  (i) The court below shall verify the fact that
                     whether the children are staying with the family of the
                     petitioner or not, if it is found that the children are
                     staying with the family of the petitioner then the bail
              Patna High Court CR. MISC. No.2929 of 2026(5) dt.16-04-2026
                                                          3/3




                                   bond of the petitioner shall be accepted.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.