Patna High Court
Sujeet RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Sujeet Ram, was charged under Sections 103(1), 80(2) and 3(5) of the B.N.S., 2023 for the alleged dowry‑related murder of his wife. He contended that he was falsely implicated, had no criminal record, and presented an alibi based on mobile tower data showing he was in Uttar Pradesh and Delhi on the date of the incident. The prosecution argued that the deceased was killed by her in‑laws for insufficient dowry. The court examined the mobile location evidence, the post‑mortem findings indicating head injury, and the petitioner’s lack of prior offences. Finding the alibi credible and noting the seriousness of the charge but also the petitioner’s right to liberty, the court ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with a dowry‑death offence under the B.N.S., 2023
- Whether the mobile tower location evidence and lack of prior criminal record justify the grant of bail
Legislation cited
- B.N.S., 2023 — s. 103(1), 3(5), 80(2)
Subjects
- bail
- dowry death
- mobile location evidence
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4525 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- HARPUR District- East Champaran
======================================================
Sujeet Ram Son of Bhuwan Ram R/o Chikni, P.S.- Harpur, District - East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Advocate
For the Opposite Party/s : Mrs. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Harpur P.S. Case No. 77 of 2025 registered for the offence
punishable under Sections 103(1), 80(2), 3(5) of the B.N.S.,
2023.
3. The case of the prosecution, in short, is that the
informant’s sister Bhawani Kumari (deceased) was married to
the petitioner on 03.03.2025. It is alleged that as sufficient
dowry was not given, the deceased was killed on 21.06.2025 by
the in-laws. It is also alleged that she was killed by assaulting
with iron rod.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.4525 of 2026(4) dt.09-04-2026
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committed no offence. He has been falsely implicated in this
case.He also submits that the nature of the allegation is general
and omnibus and the fact is that the petitioner was living outside
the house for his livelihood. During the course of investigation
in paragraph 7 of the case diary, family members have stated
that on the date of the occurrence, the deceased called to the
petitioner and her family members. He further submits that from
perusal of the diary, specifically in para-91, it will transpire that
the tower location of the mobile of this petitioner on 19.06.2025
was in U.P., on 20.06.2025 in Delhi NCR, and on 21.06.2025 he
called on the mobile number of the deceased, and the location of
the mobile of this petitioner on 23.06.2025 was in East
Champaran. From perusal of para-91 of the case diary, it is also
clear that the petitioner has called from Delhi NCR to the
deceased. He further submits that as the CDR goes to show that
on the date of occurrence, the tower location of the petitioner
was in Delhi NCR, it is not possible for him to come on the
same day to the place of occurrence. He further submits that
from perusal of the postmortem report, it transpires that the
deceased had multiple ribs fractured on the left side and also
had head injuries and the doctor conducting the autopsy of the
deceased has opined that the cause of death is head injury due to
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the above-mentioned injuries. Moreover, a statement has been
made in para-3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
27.08.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Sub
Divisional Judicial Magistrate, Raxaul, East Champaran in
connection with Harpur P.S. Case No. 77 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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