Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- B.N.S. — s. 80(2), 80(3)(5)
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
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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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