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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied bail, holding that the presumption under Section 304B and the nature of the offence preclude the grant of regular bail.

Summary

The petitioner, Chandan Kumar, applied for regular bail in a case registered under Sections 304B and 34 of the Indian Penal Code concerning the death of his wife within seven years of marriage. The State argued that the presumption under Section 304B places the husband and his family on the opposite side of the burden of proof, and that even if the death was a suicide, the husband may have created a situation that led to it. The petitioner contended that the post‑mortem showed asphyxia due to hanging with no external injuries, indicating suicide. The Court considered the statutory presumption and the seriousness of the alleged dowry‑related death, and concluded that bail could not be granted. Consequently, the petition for bail was rejected.

Issues considered

  • Whether bail can be granted to an accused under Sections 304B and 34 IPC when the death occurred within seven years of marriage and the statutory presumption is in favour of the prosecution.

Legislation cited

Subjects

  • bail
  • dowry death
  • Section 304B IPC
  • presumption of guilt
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53963 of 2025
                       Arising Out of PS. Case No.-30 Year-2024 Thana- MOHANPUR District- Gaya
                 ======================================================
                 Chandan Kumar S/o- Ganesh Yadav Village- Khardih PS-Mohanpur Dist-
                 Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Kumar
                 For the Opposite Party/s :      Mr.Dilip Kumar No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   24-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in Mohanpur P. S. Case

                   No.30 of 2024 registered for the offences punishable under

                   Sections 304(B)/ 34 of the Indian Penal Code.

                                3. The learned A.P.P., at the outset, submits that the

                   petitioner is husband and the deceased died within seven years

                   of marriage. It is also submitted that presumption in law is

                   against the husband and his family members on which the

                   learned counsel appearing on behalf of the petitioner submits

                   that the dead body was sent for post mortem and the post

                   mortem recorded the cause of death to be asphyxia on account

                   of hanging and no external injury was found, as such, the

                   deceased committed suicide and petitioner, being husband, came
               Patna High Court CR. MISC. No.53963 of 2025(3) dt.24-02-2026
                                                           2/2




                         to be implicated on which learned A.P.P. submits that it may be

                         a case of suicide, but then, the occurrence took place within

                         seven years of marriage. It is next submitted that though

                         deceased committed suicide, but then, it was husband who

                         created condition conducive for the deceased to take the

                         extreme steps of ending her life.

                                      4. Considering the submissions made by the learned

                         A.P.P., the Court is not inclined to release the petitioner on bail.

                                      5. The prayer of the petitioner for regular bail stands

                         rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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