Patna High Court
Pawan Singh @ Pawan PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, ordering his release on bond with conditions.
Summary
Petitioner Pawan Singh, husband of a deceased woman, applied for bail in a dowry‑death case (Kudra P.S. Case No. 45 of 2025) where he was alleged to have killed his wife for dowry demands under Sections 80(2) and 3(5) of the BNS and Section ¾ of the D.P. Act. The prosecution alleged his involvement, while the petitioner contended that his wife died of natural causes while being taken for treatment, noting that the post‑mortem report showed no external injuries or poison. The informant opposed the bail application. The court, observing that the petitioner had taken steps for his wife's medical treatment and that the forensic evidence did not support a homicide, allowed the bail application. The petitioner was ordered to be released on a bail bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner pending trial for alleged dowry‑death offences under the BNS and D.P. Act.
Legislation cited
- BNS — s. 3(5), 80(2)
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- D.P. Act — s. ¾
Subjects
- bail
- dowry death
- post‑mortem report
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45137 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
Pawan Singh @ Pawan Patel Son of Dinesh Singh Resident of village - Nasej,
P.S.- Kudra, District - Kaimur (Bhabhua), Bihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Achhaibar Singh
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 24-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Kudra P.S. Case No. 45 of 2025 registered for
the offence under Sections 80(2), 3(5) of the BNS and under
Sections ¾ of the D.P. Act.
3. As per the prosecution case, the petitioner, who
is the husband of the deceased, is said to have killed the
deceased along with his family members for demand of dowry.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further has submitted that the
deceased was suffering from an ailment and for the same she
was treated by different doctors at Bhabhua and when she could
Patna High Court CR. MISC. No.45137 of 2025(5) dt.24-02-2026
2/2
not be cured she was referred to BHU, Varanasi for better
treatment but she died on the way. He next submits that in the
post-mortem report, there is no external injury on the body of
the deceased and in the Viscera report also no poison has been
found in the body of the deceased.
5. Learned counsel for the informant has
vehemently opposed the application of the petitioner.
6. Considering the fact that the petitioner being the
husband of the deceased, has taken all steps for treatment of his
wife, this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned CJM,
Bhabhua/concerned Court below in connection with Kudra P.S.
Case No. 45 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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