Patna High Court
Prabhat KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- S B P SINGH
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
- Domestic Violence Act — s. 3, 4
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
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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
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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.
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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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