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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petitioner is not entitled to bail and the bail application is rejected.

Summary

The petitioner, Pawan Kumar, was charged in a dowry‑death case under Sections 103(1), 85 and 3(5) of the BNS for allegedly torturing and killing his wife over dowry demands. The petitioner’s counsel argued that he was falsely implicated, contending that the victim died by suicide eight years after marriage, a claim supported by a post‑mortem report showing asphyxia with no external injuries. The State opposed bail, noting that the charges were only recently framed in December 2025. The Court examined whether the evidence established a prima facie case for murder and whether bail could be granted in view of the seriousness of the offences. Concluding that the petitioner did not merit the privilege of bail, the Court rejected the bail application and directed the trial court to expedite the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail in a dowry‑death case under the BNS.
  • Whether the post‑mortem report indicating suicide negates the prosecution’s case of murder.
  • Whether the charges, though recently framed, create a sufficient prima facie case to deny bail.

Legislation cited

  • BNS — s. 103(1), 3(5), 85

Subjects

  • dowry death
  • bail
  • murder
  • post‑mortem report
  • prima facie case
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54564 of 2025
                       Arising Out of PS. Case No.-32 Year-2025 Thana- Singhaul District- Begusarai
                 ======================================================
                 Pawan Kumar S/o Manoj Sah R/o Village- Singhaul, Ward No. 9, P.S.-
                 Singhaul, Dist.- Begusarai
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raj Kumar Sinha
                 For the Opposite Party/s :        Mr.Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   08-01-2026                   Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Singhaul P.S. Case No. 32 of 2025, registered for the offences

                   punishable under Sections 103(1), 85 and 3(5) of the BNS.

                                3. According to FIR, the accused persons including

                   the petitioner, tortured the victim variously for non-fulfillment

                   of dowry demand and ultimately killed her.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. The deceased died eight years after the marriage,

                   which shows that the allegation of demand of dowry is prima

                   facie false. As a matter of fact, she committed suicide, which is

                   corroborated by the post-mortem report, as asphyxia was found
           Patna High Court CR. MISC. No.54564 of 2025(4) dt.08-01-2026
                                                       2/2




                     around her neck. The post-mortem report does not show any

                     other external injury.

                                  5. On the other hand, the learned counsel for the State

                     has opposed the prayer for bail and submitted that the charges

                     were framed recently, in the month of December 2025.

                                  6. In my view, the petitioner does not deserve the

                     privileges of bail, which is hereby rejected.

                                  7. The learned trial court is directed to expedite

                     the trial.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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