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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petition for regular bail was dismissed, as the court held that the presumption against the husband in dowry‑death cases and the seriousness of the allegations warranted denial of bail.

Summary

Amit Kumar was arrested for the death of his wife, who died within seven months of marriage. The FIR alleged that the husband demanded a dowry of Rs. 50,000, tortured the wife, and that she was later found dead with injuries, the post‑mortem indicating asphyxia due to hanging. The petitioner sought regular bail under Section 80(2) of the B.N.S., asserting a clean record, that the informant was not an eyewitness, and that the death could be a suicide rather than a dowry‑related homicide. The State opposed bail, relying on the statutory presumption against the husband in dowry‑death cases and the seriousness of the allegations. After considering the arguments, the Court agreed with the State, held that the presumption and the nature of the allegations justified denial of bail, and rejected the bail application.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 80(2) of the B.N.S. in a case involving alleged dowry death
  • Whether the statutory presumption against the husband in dowry‑death cases applies despite the claim of suicide
  • Whether the evidence on record is sufficient to justify denial of bail

Legislation cited

Subjects

  • bail
  • dowry death
  • presumption of guilt
  • criminal procedure
  • suicide
  • hanging

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.583 of 2026
                  Arising Out of PS. Case No.-576 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Amit Kumar S/o Vaidhanath Sah Resident of Village- Shantibag, Pandey Tola,
                 P.S.- Shikarpur, District- West Champaran
                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Ms. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 80(2) of the B.N.S. but the

                   chargesheet has been submitted u/s 80(2 & 3(5) of the B.N.S.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 11.06.2025 and the informant alleges that her daughter

                   was married to the petitioner on 30.04.2025, after marriage, the

                   accused persons were demanding Rs. 50,000/- and on non-

                   fulfillment of demand, the victim was tortured, further the

                   victim disclosed about the demand and torture to the informant,

                   it is next alleged that on 10.06.2025, the informant received an

                   information that the victim was killed, accordingly, the

                   informant reached the place of occurrence and found the dead

                   body of her daughter with mark of injuries on neck, thigh and
Patna High Court CR. MISC. No.583 of 2026(2) dt.20-04-2026
                                            2/3




          back.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner being husband has been

          falsely implicated in the instant case by the informant. It is also

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that the allegation of demand of dowry is

          general and omnibus in nature. It is further submitted that the

          informant is not an eyewitness to the occurrence and the entire

          allegation hinges around suspicion, it is further submitted that

          no doubt, the victim died within seven years of marriage and

          presumption in law is against the husband and his family

          members, but then, all deaths within seven years of marriage is

          not dowry death. It is also submitted that whenever any dispute

          arises in between the husband and the wife and the occurrence

          of the nature as alleged takes place, the entire family members

          including husband are implicated in a mechanical manner with

          general and omnibus allegation. It is further submitted that from

          perusal of the order impugned it would manifest that the cause

          of death was asphyxia on account of hanging. It is next

          submitted that had the petitioner being involved in the

          occurrence of killing the deceased in that event efforts would

          have been made to dispose of the dead body with a view to
            Patna High Court CR. MISC. No.583 of 2026(2) dt.20-04-2026
                                                        3/3




                      conceal evidence but then dead body was sent for postmortem

                      based on which the postmortem of the deceased was carried out.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      regular bail application of the petitioner, it is submitted what is

                      not in dispute rather is admitted is that victim died within a very

                      short span of time after marriage and the presumption in law is

                      against the husband and his family members. It is fairly

                      submitted that no doubt the order impugned record that the

                      cause of death is asphyxia on account of hanging and thus it

                      might be a possibility that the victim committed suicide but then

                      what is not disputed is that victim ended her life and thus

                      presumption against the petitioner is that being husband he

                      created condition conducive for the victim to take the extreme

                      step for ending her life.

                                   6. After hearing the learned counsel for the parties, the

                      Court is in agreement to the submission made by the learned

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

                                   7. The regular bail application of the petitioner is

                      rejected.


                                                (Satyavrat Verma, J)

Ranjeet/-
U       T


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