Patna High Court

Deepak KumarversusThe State of Bihar

Decided: 12 February 2026
Disposal: REJECTED
Bench: SONI SHRIVASTAVA

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Deepak Kumar, was arrested in connection with the alleged murder of his wife, the daughter of an informant, under Sections 85, 115(2) and 80 of the B.N.S. He applied for bail, claiming the allegations of dowry demand were false, that the marriage was inter‑caste, and that his wife died of a natural ailment (possible epilepsy) with no injuries evident on post‑mortem. The prosecution opposed bail, emphasizing that the petitioner, as the husband, bore primary responsibility for his wife's welfare and that a forensic laboratory report detected the highly poisonous aluminium phosphide in the viscera. The court examined the forensic evidence and the petitioner’s custodial status since November 2024, noting the seriousness of the alleged offence. Considering the presence of poison and the petitioner’s relationship to the deceased, the court declined to grant bail and ordered the trial to proceed expeditiously.

Issues considered

Whether bail should be granted to the accused in a murder case involving alleged dowry‑related motives and forensic evidence of poisoning.
Whether the presence of aluminium phosphide in the victim’s viscera justifies denial of bail.

Legislation cited

B.N.S. — s. 115(2), 80, 85

Subjects

bail
murder
dowry death
forensic evidence
aluminium phosphide
inter‑caste marriage
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49802 of 2025
                    Arising Out of PS. Case No.-388 Year-2024 Thana- MOTIPUR District- Muzaffarpur
                 ======================================================
                 Deepak Kumar S/O Mahendra Mahto R/O Village- Jagdishpur Kushahi, P.S-
                 Motipur, District- Muzaffarpur.
                                                                       ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Bela Singh
                 For the Opposite Party/s :       Mr. Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   12-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 85, 115(2), 80 of the B.N.S.

                                3. As per FIR, the petitioner is said to have committed

                   murder of the daughter of the informant for non-fulfillment of

                   demand of dowry.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been made an accused in this case with false and

                   baseless allegations of demand of some cash and motorcycle as

                   dowry. As a matter of fact, he never indulged in any demand or

                   torture rather there was an inter caste marriage between the

                   petitioner and the informant and the wife had died on account of

                   some physical ailment possibly an epilepsy attack. It is further

                   submitted that the postmortem report does not indicate the
             Patna High Court CR. MISC. No.49802 of 2025(6) dt.12-02-2026
                                                         2/2




                       existence of any injury on the body of the deceased. The

                       petitioner is in custody since 11.11.2024 with no criminal

                       antecedent.

                                    5. Learned APP for the State has opposed the

                       application for bail on the ground that the petitioner is the

                       husband of the deceased and further points out that the opinion

                       with regard to death was reserved for the FSL/Viscera report

                       and the said FSL report from the forensic lab Muzaffarpur,

                       Bihar indicates that the aluminum phosphide (celphos) was

                       detected in the viscera, which is highly poisonous substance.

                                        6. In view of the above-mentioned facts and

                       circumstances and also considering that the petitioner is the

                       husband who is primarily responsible for the welfare of the wife

                       coupled with the FSL report indicating the presence of

                       poisonous substance in the Viscera, I am not inclined to enlarge

                       the petitioner on bail. Accordingly, his prayer for bail is rejected

                       in connection Motipur P.S. Case No. 388 of 2024.

                                        7. However, learned court below is directed to

                       proceed with the case expeditiously.


                                                 (Soni Shrivastava, J)
devendra/-

U      T

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