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Patna High Court

Prabhat KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied the petitioner's application for regular bail.

Summary

The petitioner, Prabhat Kumar, was arrested in connection with the death of his wife, Kanak Priya, alleged to have been murdered by him and his family members. The prosecution alleges that the accused subjected the deceased to physical and mental cruelty, culminating in her death by asphyxia due to ante‑mortem ligature, and that the accused attempted to disguise the homicide as a natural death. The petitioner contends that the death was a suicide by hanging and that he has been falsely implicated, citing a clean antecedent. The court examined the seriousness of the charges under Sections 103, 61(2) and 3(5) of the BNS and Sections 3 and 4 of the Domestic Violence Act, as well as the evidence of assault and conspiracy. Considering the gravity of the allegations, the involvement of the petitioner’s family, and the suspicious circumstances surrounding the death, the court refused to grant regular bail.

Issues considered

  • Whether regular bail should be granted to the accused in a murder and domestic violence case involving alleged conspiracy and serious offences.

Legislation cited

Subjects

  • regular bail
  • murder
  • domestic violence
  • criminal conspiracy
  • asphyxia
  • homicide
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4969 of 2026
                     Arising Out of PS. Case No.-224 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Prabhat Kumar Son of Satyendra Prasad Resident Of Village - Dhobi Kurna,
                 P.S. - Dhobi, District - Gaya. At Present Yadav Chak, ( Parsa Bazar ),P.S-
                 Parsa Bazar , District -Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mukesh Kant, Adv.
                 For the Opposite Party/s :      Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

4   01-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Parsa Bazar P.S. Case

                   No. 224 of 2025 registered for the offences punishable under

                   Sections 103, 61(2) and 3(5) of the BNS and Section 3 and 4 of

                   Domestic Violence Act.

                                3. It is the case of the prosecution that the deceased,

                   Kanak Priya, daughter of the informant, was married to accused

                   Prabhat Kumar (petitioner) on 07.05.2020. After marriage, she

                   was residing with her husband at his matrimonial home. It is

                   further alleged that soon after the marriage, the accused Prabhat

                   Kumar, along with his family members, namely Pankaj Kumar
Patna High Court CR. MISC. No.4969 of 2026(4) dt.01-04-2026
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          (brother), Sushma Devi (wife of Pankaj Kumar), and Om

          Prakash (younger brother), subjected the deceased to physical

          and mental cruelty. The accused persons allegedly assaulted her

          on various occasions and extended threats to her life. On

          31.05.2025, at about 7:00 AM, the informant received a phone

          call from her daughter Kanak Priya, during the conversation,

          the informant sensed distress in her voice, giving rise to

          suspicion. Subsequently, at around 8:00 AM, the informant

          received another call from her son-in-law, accused Prabhat

          Kumar, informing her that her daughter had been admitted to the

          ICU and her condition was critical. This information appeared

          suspicious to the informant, as she had talked with her daughter

          barely an hour earlier. The informant immediately rushed to

          Patna. Upon arrival, she discovered that her daughter had

          already been declared dead and had been taken to the hospital

          under suspicious circumstances. It is alleged that the accused

          persons attempted to portray the death as natural by taking the

          deceased to the hospital after committing the crime.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in this

          case by the informant. The deceased died by hanging herself and

          it is a case of suicide but the petitioner along with his brother
Patna High Court CR. MISC. No.4969 of 2026(4) dt.01-04-2026
                                            3/4




          have falsely been made accused in this case. Petitioner is in

          custody since 01.06.2025 and a statement has been made in para

          3 of the bail application that petitioner has clean antecedent.

                       5. Learned A.P.P. appearing on behalf of the State has

          vehemently opposed the prayer for bail of the petitioner.

                       6. In the F.I.R., it is alleged by the informant (mother

          of the deceased) that she was telephonically informed by

          petitioner (son-in-law) that her daughter namely, Kanak Priya is

          admitted in ICU while just one hour before informant had talked

          with her daughter. She has further alleged in the F.I.R. that so

          many times petitioner had assaulted her daughter and also

          threatened her to kill and when she reached Patna, she found her

          daughter dead. It is also alleged that her daughter was killed by

          petitioner in her matrimonial house itself.

                       7. In para nos.14, 16 and 17 of the case diary, the

          witnesses have supported the allegations levelled against the

          petitioner and also stated that have seen the ante-mortem injury

          of assault upon the deceased and from perusal of the post-

          mortem report, it appears that the cause of death has been

          opined as ‘Asphyxia due to ante-mortem ligature of neck and its

          complication due to ante-mortem hanging however viscera has

          been preserved to rule out any intoxication prior to death.
           Patna High Court CR. MISC. No.4969 of 2026(4) dt.01-04-2026
                                                       4/4




                                  8. There are specific and direct allegations against the

                     petitioner that he, along with other co-accused persons,

                     committed the murder of the deceased in furtherance of a

                     criminal       conspiracy        and      attempted   to   misled   the

                     prosecution/informant by taking the victim to the hospital to

                     show the cause of death due to disease.

                                  9. Considering the nature and gravity of the

                     accusation, the manner in which the offence is alleged to have

                     been committed, the specific role attributed to the petitioner, and

                     the fact that the deceased was the wife of the petitioner and died

                     within the matrimonial home under suspicious circumstances,

                     this Court is not inclined to grant bail to the petitioner at this

                     stage. Accordingly, his prayer for regular bail stands rejected.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U      T


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