Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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
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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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