Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was rejected.
Summary
Manish Kumar, the husband of a deceased woman, was arrested in connection with a dowry‑death case registered as Shakurabad P.S. Case No.12 of 2025 under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, claiming innocence and noting that only two of six witnesses had been examined at the trial stage. The State, represented by an Assistant Public Prosecutor, opposed the bail on the ground of the seriousness of the allegations. Justice Sandeep Kumar, after hearing both sides, declined to grant bail, emphasizing the petitioner’s relationship with the deceased and the nature of the charges. The order was limited to the bail application and did not prejudice the merits of the pending trial.
Issues considered
- Whether regular bail should be granted to an accused in a dowry‑death case under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- dowry death
- regular bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42777 of 2026
Arising Out of PS. Case No.-12 Year-2025 Thana- SAKURABAD District- Jehanabad
======================================================
Manish Kumar Son of Ramchandra Saw @ Tota Saw Resident of village
-Gappochak, PS- Shukrabadh Dist- Jehanabad
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Eashita Raj, Advocate
For the Opposite Party : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks regular bail in
connection with Shakurabad P.S. Case No.12 of 2025 registered
for the offence under Sections 103(1), 238 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The petitioner is the husband of the
deceased. He is said to have killed his wife for demand of
dowry.
4. The petitioner is in custody since
09.01.2026.
5. Learned counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. It is further submitted that in the trial, out of six
witnesses, two witnesses have been examined.
Patna High Court CR. MISC. No.42777 of 2026( 2) dt.07-07-2026
2/2
6. Learned A.P.P. has vehemently opposed the
prayer for bail.
7. Considering the fact that the petitioner is the
husband of the deceased and also considering the nature of
allegation levelled against him, I am not inclined to grant bail to
the petitioner. Accordingly, this bail application is rejected.
8. It is made clear that any observation made
herein is prima facie in nature and is confined solely to the
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
pawan/-
U T
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