Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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