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Patna High Court

Abhimanyu Kumar Singh @ Abhimanyu SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail.

Summary

The petitioner, Abhimanyu Kumar Singh, applied for bail in a case registered under Section 80(1) of the B.N.S., 2023 and Section 3 of the Dowry Prohibition Act concerning the death of his wife, Sonali Kumari. The prosecution alleged that the petitioner, together with the in‑laws, assaulted the deceased for not providing a dowry bike, leading to her death. The defence contended that the post‑mortem report showed no antemortem injuries, suggesting death due to poisoning, and highlighted the petitioner’s clean criminal record. Counsel for the informant opposed bail, asserting the petitioner’s involvement in the assault. After evaluating the forensic ambiguity and the petitioner’s custody since August 2025, the court granted bail on a bond of Rs 10,000 with two sureties, directing compliance by the Additional Chief Judicial Magistrate‑VII, Saran.

Issues considered

  • Whether the petitioner is entitled to bail despite allegations of dowry‑related homicide under the Dowry Prohibition Act.
  • Whether the post‑mortem findings indicating no antemortem injuries justify granting bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • criminal procedure
  • postmortem
  • presumption of guilt
  • Section 80(1) B.N.S.
  • Dowry Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5020 of 2026
                       Arising Out of PS. Case No.-234 Year-2025 Thana- MASHRAK District- Saran
                 ======================================================
                 Abhimanyu Kumar Singh @ Abhimanyu Singh Son of Hridyashankar singh
                 R/o Village - Bansohi, P.S. - Mashrakh, Dist. - Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Mashrakh P.S. Case No. 234 of 2025 registered for the

                   offence punishable under Sections 80(1) of the B.N.S., 2023 and

                   Section ¾ of the Dowry Prohibition Act.

                                3. The case of the prosecution in short is that the

                   daughter of the informant, namely, Sonali Kumari (deceased),

                   was married to the petitioner one year ago. It is further alleged

                   that the in-laws of the deceased started subjecting her to cruelty

                   on account of the non-fulfillment of the dowry demand of a

                   bike. It is further alleged that the deceased has disclosed that she

                   was being assaulted. On 26.05.2025, the deceased informed her

                   parents that she was being assaulted. When the informant
Patna High Court CR. MISC. No.5020 of 2026(2) dt.09-02-2026
                                            2/3




          reached there with his neighbors, she found that his daughter

          was killed and she was admitted to a private hospital to show

          bonafides.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that in this case, a postmortem report of

          the deceased was done and from perusal of the postmortem

          report, it will transpire that the doctor conducting autopsy of the

          deceased has not found any antemortem injury and the cause of

          death could not be ascertained. Viscera was preserved for

          chemical analysis. He also submits that the deceased had

          consumed poison, and after that, she was rushed to the hospital,

          and from there, she was referred to a higher center. He also

          submits that while she was being rushed to the higher center, she

          died. He further submits that Annexure-P/3 is the prescription of

          B.K. Nursing Home & Emergency Centre and the postmortem

          report goes to show that the deceased has no antemortem injury

          or was not being assaulted. Moreover, a statement has been

          made in para 3 of the petition that petitioner has no criminal

          antecedent and he is languishing in judicial custody since

          11.08.2025.
           Patna High Court CR. MISC. No.5020 of 2026(2) dt.09-02-2026
                                                       3/3




                                  5. The application for bail is vehemently opposed by

                     learned counsel for the informant and the learned APP for the

                     State. Learned counsel for the informant stated that the deceased

                     was being assaulted by the in-laws and mainly by this petitioner

                     and for showing the bonafides they have brought to the B.K.

                     Nursing Home & Emergency Centre.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Additional Chief Judicial Magistrate-VII, Saran at Chapra in

                     connection with Mashrakh P.S. Case No. 234 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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