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Patna High Court

Nandu Kumar @ Indar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioners as the allegations were general, they had clean antecedents, and no specific overt act was proved against them.

Summary

The petitioners, Nandu Kumar and his wife Pramila Kumari, were accused in a dowry death case under IPC sections 304B, 201 and 34. They claimed innocence, arguing that the allegations were general, that they had no involvement in the alleged dowry demand, and that the informant was not an eye‑witness. The State opposed bail, citing the seriousness of the offences. The court considered the petitioners' clean antecedents, the omnibus nature of the accusation, and the length of their custody since July 2025. Finding no specific overt act attributed to them, the court granted bail on a bond of Rs.10,000 with two sureties each. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.

Issues considered

  • Whether bail should be granted to the accused in a dowry death case under Sections 304B, 201 and 34 of the IPC
  • Whether the general and omnibus nature of the accusation and lack of specific overt acts against the petitioners justify bail

Legislation cited

Subjects

  • bail
  • dowry death
  • IPC
  • Section 304B
  • Section 201
  • Section 34
  • Patna High Court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5275 of 2026
                         Arising Out of PS. Case No.-589 Year-2023 Thana- FATUA District- Patna
                 ======================================================
           1.     Nandu Kumar @ Indar Singh S/O Lala Singh R/O Balwa, Nisirpur, P.S.-
                  Fatuha, Dist.- Patna, Bihar
           2.    Pramila Kumari @ Pramila Devi @ Minta Devi W/O Nandu Kumar @ Indar
                 Singh R/O Balwa, Nisirpur, P.S.- Fatuha, Dist.- Patna, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Kuldeep Thakur, Advocate
                 For the State           :        Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners seek bail in a case registered for the

                   offence punishable under Sections 304B, 201 and 34 of the

                   Indian Penal Code.

                                3. It is a case of dowry death. As per prosecution case,

                   informant alleged that marriage of his daughter was solemnized

                   with co-accused Chanda Kumar about two years ago as per

                   Hindu rites and rituals and thereafter, all the F.I.R. named

                   accused persons, including these petitioners, committed torture

                   and harassment with the victim due to non-fulfillment of

                   demand of dowry and subsequently, all the accused persons
Patna High Court CR. MISC. No.5275 of 2026(2) dt.16-02-2026
                                            2/3




          committed murder of the victim.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Petitioners have falsely been

          implicated in this case merely because Petitioner No. 1 happens

          to be Bhaisur (brother-in-law) and Petitioner No. 2 happens to

          be sister-in-law of the deceased. Petitioners are separate in mess

          and property and have got no concern with the affairs of the

          deceased and her husband. Informant is not an eye witness of

          the alleged occurrence. Allegation of demand of dowry is

          general and omnibus and no specific accusation of overt act has

          been alleged against these petitioners. Thrust of accusation is

          against husband of deceased. Moreover, charge-sheet has

          already been submitted and petitioners, having no criminal

          antecedents, are in custody since 16.07.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, clean

          antecedents of the petitioners and period of custody, the prayer

          for grant of bail to the petitioners is allowed.

                       7. Accordingly, let the above named petitioners be
             Patna High Court CR. MISC. No.5275 of 2026(2) dt.16-02-2026
                                                         3/3




                       enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                       thousand) each with two sureties of the like amount each to the

                       satisfaction of learned A.C.J.M.-II, Patna City in connection

                       with Fatuah P.S. Case No. 589 of 2023.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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