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Patna High Court

Sanjiv KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
             Patna High Court CR. MISC. No.53596 of 2025(10) dt.13-02-2026
                                                         3/3




                       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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