Patna High Court
Manish Kumar @ Manish DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioners, Manish Kumar, Ram Shobhit Das and Sunita Devi, were implicated in a dowry death case (IPC 304B read with 34) after the death of the informant's daughter, alleged to be due to a dowry demand of Rs.3 lakh and a motorcycle. The petitioners contended that the death was a natural suicide caused by the victim's mental illness, initially reported by her father in an unrelated U.D. case, and that the dowry allegation was fabricated by neighbours and relatives. They applied for bail, asserting clean antecedents. The prosecution opposed bail, emphasizing the seriousness of the dowry death charge. Considering the initial natural cause report and lack of concrete evidence of dowry demand, the court granted bail to the petitioners, subject to a bond of Rs.10,000 each with two sureties and conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Issues considered
- Whether the allegations under Section 304B IPC read with Section 34 warrant denial of bail in the present case.
- Whether the death can be characterized as a suicide due to mental illness, thereby negating the presumption of dowry death.
- Whether bail can be granted under Section 438(2) of the CrPC and Section 482(2) of the BNSS in light of the facts presented.
Legislation cited
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 304B, 34
Subjects
- dowry death
- IPC 304B
- Section 34
- bail
- suicide
- mental illness
- CrPC Section 438
- BNSS Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40061 of 2026
Arising Out of PS. Case No.-546 Year-2025 Thana- MUZAFFARPUR TOWN District-
Muzaffarpur
======================================================
1. Manish Kumar @ Manish Das, S/o Ram Shobhit Das @ Bishwkarma
2. Ram Shobhit Das @ Bishwkarma, S/o Azir Das,
3. Sunita Devi @ Samtolia Devi, W/o Ram Shobhit Das @ Bishwkarma
All are R/o Village- Lakari Dhai Shivepuri, P.S.- Town, Dist- Muzaffarpur
... ... Petitioners
Versus
1. The State of Bihar
2. Chandar Das, S/o Ram Pratap Das, R/o Village- Joki Bujurg, P.O.- Basua,
P.S.- Aurai, Distt- Muzaffarpur (Bihar).
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Muzaffarpur
Town P.S. Case No.546 of 2025 registered under Sections
304-B read with 34 of the Indian Penal Code.
3. As per FIR, which appears lodged on the basis
of Complaint Case No.16 of 2024, filed before learned CJM,
Muzaffarpur, speaks that petitioners along with family
members/co-accused persons caused death of daughter of
informant due to non-fulfilment of dowry demand as raised
Patna High Court CR. MISC. No.40061 of 2026(2) dt.22-06-2026
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for cash of Rs.3 lakhs and one Glamour motorcycle.
4. It is submitted by learned counsel that the
present FIR is a classical example that how a heinous offence
like dowry death was misused by the society. It is submitted
that the death of the wife of petitioner no.1 Manish Kumar
was very natural and initially there was no allegation of
demand of dowry. It is submitted that the daughter of
informant was mentally disturbed, as she was suffering from
several ailments and, therefore, out of her own depression,
due to health condition, she committed suicide for which, an
information was given by father of deceased himself to
police on 24.04.2024, whereafter occurrence was registered
as U.D. Case No.5 of 2024 on 24.04.2024. Subsequently,
upon instigation of neighbours and other relatives, the
present complaint case was lodged, which is the basis of the
FIR. The petitioners claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as initial version of the informant qua
cause of death appears natural, who is none but the father
Patna High Court CR. MISC. No.40061 of 2026(2) dt.22-06-2026
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of the deceased for which, a U.D. Case was also lodged, as
U.D. Case No.5 of 2024, as discussed aforesaid, accordingly,
all above-named three petitioners, in the event of their
arrest or surrender in the court below within a period of four
weeks, are directed to be released on bail, on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the
learned C.J.M., Muzaffarpur in connection with Muzaffarpur
Town P.S. Case No.546 of 2025, subject to the conditions as
laid down under Section 438(2) of the CrPC/under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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