Patna High Court
Sanjiv KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Sanjiv Kumar, husband of the deceased, was charged under Sections 304B and 34 of the Indian Penal Code for a dowry death alleged to have occurred in 2024. He applied for bail, arguing that the marriage was recent, there were no prior dowry complaints, and the deceased had a history of suicidal tendencies. The post‑mortem report indicated death by hanging with hesitation cuts, and the forensic science laboratory report found no poison, suggesting suicide rather than foul play. The court noted that the investigation had not progressed to trial and there was no imminent conclusion of the case. Considering the lack of external injuries, the forensic findings, and the delay in proceedings, the court granted bail on a bond of Rs.10,000 with two sureties and conditions for regular appearance.
Issues considered
- Whether bail should be granted in a dowry death case under Sections 304B and 34 of the IPC when forensic reports indicate suicide and no foul play.
- Whether the stage of investigation and lack of trial commitment justify bail.
- Whether the post‑mortem and FSL findings negate the presumption of culpability in a dowry death.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- dowry death
- bail
- IPC 304B
- suicide
- postmortem report
- forensic science laboratory report
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53596 of 2025
Arising Out of PS. Case No.-65 Year-2024 Thana- LAUKAHI District- Madhubani
======================================================
Sanjiv Kumar S/O Sri Raj Kumar Roy R/O Village- Jhahuri, P.S- Laukahi,
Dist.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Vaishnavi Singh
For the Opposite Party/s : Mr. Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
10 13-02-2026 Heard Ms. Vaishnavi Singh, 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 304B/34 of the Indian Penal
Code.
3. The allegation in the first information report relates
to causing death of the deceased on account of non-fulfillment
of demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is no doubt the husband of the deceased but the
marriage is of the year 2022 and the said occurrence is said to
have taken place in the 2024 and during the interim period there
has never been any complaint with regard to demand of dowry
or any cruel treatment being meted out to the deceased. It has
Patna High Court CR. MISC. No.53596 of 2025(10) dt.13-02-2026
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further been submitted that as a matter of fact, the deceased has
committed suicide on account of the fact that she had suicidal
tendency which is also evident from the postmortem report itself
which shows multiple hesitation cuts wound injury which are in
the form of old scars present over the left forearm. The
postmortem report however, indicates that the death in the
opinion of the doctor is due to asphyxia caused due to hanging
and no other external injury has been seen on the palm or any
other part of the body. The final opinion had been kept reserved
for FSL report and the FSL report had been called for by this
Court which has now been received and a perusal of the same
would indicate that no metallic or volatile poison could be
detected in the Viscera. Further, the petitioner is in custody since
06.09.2024 and the stage of the case has not progressed
inasmuch as the case has not even been committed to the court
of Sessions and as such, there is no likelihood of the trial to
conclude in near future.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering that fact that the postmortem
report does not indicate any external injury on the dead body of
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the deceased keeping in view both the postmortem report and
the FSL report which do not indicate any foul play coupled with
the fact that there has been no substantial progress in the case,
let the above named petitioner, be enlarged on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Laukahi P.S. Case No. 65 of 2024, subject to
the conditions that the petitioner shall appear on each and every
date till conclusion of trial and if the petitioner does not appear
on two consecutive dates without any substantial and
satisfactory reason, the learned court below would be at liberty
to cancel his bail bonds.
(Soni Shrivastava, J)
devendra/-
U T
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