Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, granting bail to the petitioner.
Summary
The petitioner, Amit Kumar, was arrested on 3 September 2023 in connection with a case (Mithanpura PS Case No. 384 of 2023) alleging that he murdered his wife, the deceased, under Sections 304B and 34 of the Indian Penal Code. He contended that the deceased had committed suicide and that he was falsely implicated, seeking bail for the second time. The State opposed the bail, but the court noted the lengthy period of custody and the delay in trial as factors favoring release. An application under Section 311 for examination of additional witnesses was also pending. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties, subject to the condition that the petitioner cooperate with the trial.
Issues considered
- Whether bail should be granted to an accused under Sections 304B and 34 IPC considering the nature of the offence and the evidence of alleged suicide.
- Whether the duration of custody and delay in trial justify the grant of bail.
- Whether the conditions imposed for bail are appropriate under the circumstances.
Legislation cited
- Indian Penal Code — s. 304B, 311, 34
Subjects
- bail
- IPC
- Section 304B
- Section 34
- dowry death
- murder
- trial delay
- suicide claim
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4976 of 2026
Arising Out of PS. Case No.-384 Year-2023 Thana- MITHANPURA District- Muzaffarpur
======================================================
Amit Kumar S/o- Late Bahadur Sah R/v- Kali Bari Road, Tin Pokhariya
Vaishno Mata Temple, Ps- Mithanpura Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar , Adv
For the Opposite Party/s : Mr.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail.
3. The petitioner seeks bail in connection with
Mithanpura P.S.Case No. 384 of 2023 registered for the offence
punishable under Section 304B/34 of the Indian Penal Code.
4. Petitioner is the husband of the deceased and he is
alleged to have killed the deceased.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. It has been submitted by learned counsel for the petitioner
Mr. Sanjay Kumar that the deceased committed suicide. The
petitioner is in custody since 03.09.2023 and in the trial after
Patna High Court CR. MISC. No.4976 of 2026(2) dt.12-02-2026
2/2
examination of the witnesses an application under section 311
has been filed for examination of five more witnesses.
6. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
7. Considering the period of custody and delay in trial
this application is allowed.
8. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- ( ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below/ concerned Court in connection with
Mithanpura P.S.Case No. 384 of 2023, subject to the condition
that petitioner will co-operate in the trial.
(Sandeep Kumar, J)
N.K/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.