Patna High Court
Surendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to monetary and procedural conditions.
Summary
Surendra Singh, the petitioner, was arrested on 19-08-2025 in connection with a dowry‑related homicide alleged under multiple sections of the Bihar Penal Code and the Dowry Prohibition Act. The prosecution alleges that Singh, along with others, set the informant's sister on fire after a dowry demand was refused. Singh's counsel contended that he has a clean antecedent, that the FIR was filed more than a month after the incident without explanation, and that the allegations are vague and the injury minor. The State opposed bail, asserting Singh's participation in the crime and reliance on witness testimony. The Court, after weighing the clean antecedent and the delay in filing the FIR, granted bail on a cash bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Judicial Magistrate of Gopalganj.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under the Bihar Penal Code and the Dowry Prohibition Act.
- Whether the delay in filing the FIR and the alleged vagueness of the complaint affect the grant of bail.
- Whether the petitioner's clean criminal antecedent warrants bail.
Legislation cited
- Bihar Penal Code — s. 109(1), 115(1), 118(1), 124(1), 126(1), 127(1), 3(5), 351(3), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- criminal antecedent
- FIR delay
- serious offences
- Bihar Penal Code
- Dowry Prohibition Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4621 of 2026
Arising Out of PS. Case No.-288 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Surendra Singh S/o Late Ramashankar Singh @ Bhuteli Singh Village-
Katalpur (Fakalpura), P.S.- Baikunthpur, District- Gopalganj
... ... Petitioner
Versus
1. The State of Bihar
2. Juli Kumari W/o Ranjan Singh R/o Village Dumri P.S. Manjhi Dist Chhapra
at saran
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Vardhan
For the Opposite Party/s : Mr. Umeshanand Pandit
For the Informant : Mr. Kundan Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 14-05-2026 Heard Mr. Anand Vardhan, learned counsel for the
petitioner, Mr. Kundan Kumar Singh, learned counsel for the
informant and Mr. Umeshanand Pandit, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.08.2025 in connection with Baikunthpur P.S. Case No. 288
of 2025 for the offences punishable under Sections 126(1),
127(1), 115(1), 118(1), 124(1), 85, 109(1), 351(3), 352, 3(5) of
the BNS and Sections 3 and 4 of the Dowry Prohibition Act.
3. The case of the prosecution, in brief, is that
informant's sister was married with accused Ranjan Singh son of
this petitioner in the years 2020. After marriage, all the accused
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persons started torturing the informant's sister and demanded
Rs. 5 Lakh in dowry. On refusal, petitioner along with other
accused persons set the informant's sister on fire by pouring
kerosene oil. Thereafter, victim was brought to Patna and she
was admitted in Shristi hospital. Hence the FIR.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. It is next submitted that it appears from the
FIR itself that the informant has alleged that the date of
occurrence is 03.07.2025 but the FIR has been instituted on
10.08.2025 i.e., after a delay of more than one month without
giving any explanation of delay. It is next submitted that from
perusal of the statement of the victim which is part of the FIR
suggests that there is no specific allegation rather the allegations
are general and omnibus in nature against four accused persons
including the petitioner and injury report of the victim also
suggests that injury sustained is simple in nature. It is next
submitted that the police after investigation has submitted
charge-sheet and petitioner is in custody since 19.08.2025.
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5. The learned Additional Public Prosecutor for State
and learned counsel for the informant have vehemently opposed
the prayer for bail of the petitioner and submit that the petitioner
has participated in the present crime in question and number of
witnesses have supported the case of the prosecution.
6. Considering the aforesaid facts and circumstances
and that petitioner has clean antecedent, let the petitioner, above
named, 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 Judicial Magistrate-1st
Class, Gopalganj in connection with Baikunthpur P.S. Case No.
288 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
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any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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