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Patna High Court

Satyam Kumar @ Satya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail as there is no specific allegation against him, he lives separately from the accused, and similar relatives have already been granted bail.

Summary

The petitioner, Satyam Kumar, filed a bail petition in a criminal case (Ghatho P.S. Case No. 74 of 2025) alleging involvement in a dowry‑related death under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleged that the informant’s pregnant daughter was killed for non‑payment of dowry, but the petitioner claimed innocence, stating there was no specific allegation against him, that the death was a suicide, and that he lived separately from the deceased. The State opposed bail, noting that the post‑mortem report and chemical analysis were pending. The Court observed that the petitioner’s in‑laws had already been granted bail and that his separate residence reduced the risk of influencing the investigation. Consequently, the Court granted bail on a bond of Rs.30,000, subject to conditions under Sections 2(1)(d) and 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the alleged dowry death and pending post‑mortem report.
  • Whether the absence of a specific allegation against the petitioner and his separate residence justify granting bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • post-mortem
  • separate residence
  • innocence
  • Section 80
  • Section 3(5)
  • Section 2(1)(d)
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36201 of 2026
                      Arising Out of PS. Case No.-74 Year-2025 Thana- GHATHO District- Samastipur
                 ======================================================
                 Satyam Kumar @ Satya Kumar S/o Bhuvan Ray @ Bhupendra Rai R/o
                 Village - Lagma, P.S - Ghatho, District - Samastipur

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   02-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. None appears on behalf of the petitioner, though,

                   the counsel was connected to this Court through virtual mode,

                   but upon repeated calls, he failed to respond. Learned APP for

                   the State is present.

                                3. The petitioner is apprehending arrest in connection

                   with Ghatho P.S. Case No. 74 of 2025 lodged on 30.07.2025, for

                   the offence punishable under Sections 80 & 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                4. As per the prosecution, FIR has been lodged against

                   six named accused persons including the present petitioner. It

                   has been alleged in the FIR that the marriage of the informant’s
Patna High Court CR. MISC. No.36201 of 2026(2) dt.02-06-2026
                                            2/3




          daughter was solemnized with Shivam Kumar Rai in the year

          2023 and thereafter on 28.07.2025 in the name of non-

          fulfillment of demand of dowry, the informant’s daughter who

          was pregnant at that time was killed by the accused persons.

                       5. It has been pleaded in the bail petition that the

          petitioner is innocent and has committed no offence and he is

          the brother in law of the deceased. It has been further pleaded

          that there is no specific allegation of act or overt act against the

          petitioner and the deceased and his elder brother used to live

          separately from the petitioner. It has also been pleaded that the

          death has been caused due to suicide by hanging from a ceiling

          fan. It has been further pleaded that the husband of the deceased

          is already in custody and as per para 3 of the bail petition, the

          petitioner has clean antecedent. It has been further pleaded that

          the father in law and mother in law of the deceased have already

          been granted bail by the Co-ordinate Bench of this Court vide

          order dated 01.04.2026 passed in Cr. Misc. No. 13020 of 2026.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that in the rejection

          order, it has been acknowledged by the Sessions Court that para

          no.45 of the case diary is post-mortem report of the deceased

          and cause of death has been reserved till receiving the viscera
             Patna High Court CR. MISC. No.36201 of 2026(2) dt.02-06-2026
                                                         3/3




                       chemical report.

                                    7. As such, in the present facts and circumstances of

                       this case considering this aspect that the father in law and

                       mother in law of the deceased have already been granted bail by

                       the Co-ordinate Bench of this Court and the petitioner is living

                       separately from his brother, therefore, let the above named

                       petitioner be released on bail, in the event of arrest or surrender

                       before the Trial Court within a period of 4 weeks from today, on

                       furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                       as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of A.C.J.M., Dalsingsarai, Samastipur, in connection

                       with Ghatho P.S. Case No. 74 of 2025, subject to the conditions

                       as laid down U/s 482(2) of the B.N.S.S., 2023.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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