Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 238, 80(2)
- Dowry Prohibition Act — s. 3, 4
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
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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
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bond of the petitioner shall be accepted.
(Sandeep Kumar, J)
tusharika/-
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