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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Rakesh Kumar, sought regular bail in a criminal case registered under section 80(2) of the BNS, alleging involvement in the alleged dowry‑related death of his wife, Shobha Kumari. The prosecution alleged that the petitioner and others forcibly administered poison to the deceased, who later died in hospital. The petitioner contended that the FIR merely reflected grave allegations and that village statements indicated the deceased may have consumed poison herself, with her parents present at the hospital. The post‑mortem report showed only superficial injuries and the cause of death was pending forensic analysis, suggesting a lack of conclusive evidence of foul play. After considering the circumstances, the court decided to enlarge bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, thereby granting the bail application.

Issues considered

  • Whether bail should be granted in a case of alleged dowry death and poisoning under section 80(2) of the BNS
  • Whether the existing evidence, including superficial injuries and pending forensic report, warrants denial of bail

Legislation cited

  • BNS — s. 80(2)

Subjects

  • bail
  • dowry death
  • poisoning
  • criminal procedure
  • section 80(2) BNS
  • post‑mortem
  • forensic analysis

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5917 of 2026
                    Arising Out of PS. Case No.-16 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Rakesh Kumar S/o Anant Kumar R/o Village- Rampur, P.S.- Kalpa, P.O.
                 Kalpa, District- Jehanabad

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Ramanuj Yadav S/o Late Bhuvneshwar Yadav R/o Village- Moribigha, P.S.-
                 Peyarpura, District- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mrs. Archana Sinha, Sr. Advocate
                                                 Mr.Swarna Roy, Advocate
                                                 Mr. Alok Kumar, Advocate
                                                 Mr. Manish Kumar Paswan, Advocate
                                                 Mr. Akshat Arghay, Advocate
                 For the Opposite Party/s :      Mr.Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   17-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 80 (2) of the

                   BNS.

                                 3.     The case of the prosecution, in brief, is that one

                   Shobha Kumari was married to the petitioner in the year 2022. It

                   is alleged that she was subjected to cruelty on account of non-

                   fulfilment of dowry demand. It is further alleged that on

                   30.12.2024, the informant received information that the

                   deceased had fallen ill and she was taken to a private hospital at
Patna High Court CR. MISC. No.5917 of 2026(4) dt.17-04-2026
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          Kinari. When the informant reached the said hospital, the

          deceased allegedly stated that she had been forcibly

          administered poison by her in-laws. Thereafter, she was shifted

          to PMCH, where she died during the course of treatment.

                       4. Learned counsel for the petitioner has submitted

          that, from perusal of the FIR, the allegations appear to be grave

          in nature, alleging that the petitioner along with others forcibly

          administered poison to the deceased. However, it is further

          submitted that during the course of investigation, the

          supervising authority has recorded statements of villagers

          indicating that due to a family dispute, the deceased herself

          consumed poison, as a result of which she fell ill and was taken

          to the hospital by her in-laws as well as her parents. It is further

          submitted that the parents of the deceased were also present at

          the time she was being taken to the hospital.

                       5. From perusal of the post-mortem report, it

          transpires that the following ante-mortem injuries were found on

          the person of the deceased: (i) abrasion measuring 1 cm × 0.5

          cm over the left thumb; (ii) abrasion measuring 1 cm × 0.5 cm

          on the left finger; and (iii) abrasion measuring 1.5 cm × 1 cm

          over the right corner of the eye.

                       6. Learned counsel for the petitioner has further
            Patna High Court CR. MISC. No.5917 of 2026(4) dt.17-04-2026
                                                        3/3




                      submitted that the doctor, who conducted the autopsy has opined

                      that the cause of death has been kept pending till receipt of the

                      chemical analysis report of the viscera sent to the Forensic

                      Science Laboratory (FSL). It is also submitted that the case has

                      been noted as a suspected case of poisoning and that the injuries

                      found on the body of the deceased are superficial in nature.

                                   7. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   8. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Jehanabad Town P.S. Case No. 16 of

                      2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned      District      and      Additional      Sessions   Judge-III,

                      Jehanabad/concerned court.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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