Patna High Court
Digvijay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that bail should be granted to the petitioner, subject to a bond and conditions, as there was no sufficient ground to deny it.
Summary
The petitioner, Digvijay Singh, was arrested in connection with a case registered under Sections 304B, 201 and 34 of the Indian Penal Code relating to the death of his wife. He pleaded that he has a clean record, was falsely implicated, and that the medical evidence indicated death due to cardiac arrest. The petitioner also relied on an earlier order granting anticipatory bail to his father‑in‑law in a related matter. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the anticipatory bail order, the medical report and the petitioner's claim of innocence, granted bail on a bond of Rs.25,000 with two sureties, subject to the condition that the trial court may cancel the bail if the petitioner attempts to delay the trial.
Issues considered
- Whether the petitioner is entitled to bail in offences punishable under Sections 304B, 201 and 34 of the IPC.
- Whether the earlier anticipatory bail granted to a relative influences the grant of regular bail.
- Whether there is a prima facie case warranting the denial of bail.
Legislation cited
- Indian Penal Code — s. 201, 304B, 34
Subjects
- bail
- anticipatory bail
- dowry death
- Section 304B
- Section 201
- Section 34
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59601 of 2025
Arising Out of PS. Case No.-192 Year-2023 Thana- MAHUA District- Vaishali
======================================================
Digvijay Singh S/o Maharana Pratap Singh R/o Village - Harpur Belwa, P.S -
Mahua, District - Vaishali, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 304B, 201 and 34 of the
Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 03.11.2023 and has been falsely implicated in the instant
case by the informant being husband of the deceased. It is next
submitted that Maharana Pratap Singh, the father-in-law of the
deceased, had approached this Court seeking anticipatory bail
by filing Criminal Miscellaneous No.36089 of 2024 and the
same came to be allowed by an order dated 19.06.2024 after
considering the case in detail and on merits. It is further
Patna High Court CR. MISC. No.59601 of 2025(3) dt.25-02-2026
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submitted that while granting the privilege of anticipatory bail
to Maharana Pratap Singh, this Court at para-6 had recorded that
“It is also submitted that the police during the course of
investigation recorded the statement of Dr. A.K. Singh who
treated that deceased prior to her death who stated that the
deceased was brought to his nursing home in a serious condition
and he treated her but on account of cardiac arrest she died and
he issued the death certificate. It is also submitted that the
doctor also handed over the treatment which was meted out to
the deceased by him as has come at para-45 of the case diary.”
Further at para-5 it has been recorded that petitioner, i.e.,
(husband of the deceased) on 30.03.2023 at 12:26 p.m. called
the son of the informant on his mobile informing him about the
condition of his sister and the talk in between the husband of the
deceased, i.e., petitioner and his brother-in-law lasted for 107
seconds as has come in the case diary at para-85. Thus,
informant and his son were aware of the condition of the wife of
the petitioner as informed by the petitioner but they did not rush
immediately thinking that doctor are attending. It is next
submitted that the deceased was married to the petitioner in the
year 2018 and the instant case came to be instituted in the year
2023, i.e., five years of marriage and out of the wedlock a child
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was born and is being looked after by the grand parents, i.e.,
parents of the petitioner. It is also submitted that in between
2018 till 2023, no case ever came to be instituted either by the
informant or the deceased alleging demand of dowry and
torture. It is next submitted that no doubt the death took place
within seven years of marriage but then all deaths are not dowry
deaths and the doctor during the course of investigation certified
that the victim was brought to his nursing home in a serious
conditions and she died on account of cardiac arrest and a death
certificate was issued as recorded at para-45 of the case diary. It
is also submitted that petitioner will not abscond rather will
cooperate in the trial to prove his innocence.
4. Learned APP opposes the bail application.
5. Considering the submissions made by learned
counsel for the petitioner and taking into consideration the order
dated 19.06.2024, passed in Criminal Miscellaneous No.36089
of 2024, let petitioner, above named, be released on bail on
furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Vaishali at
Hajipur in connection with Mahua P.S. Case No.192 of 2023.
6. It is made clear that if the learned Trial Court
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comes to a conclusion that petitioner is trying to delay the
framing of charge or after framing of charge is trying to delay
the trial in any manner, in both the conditions, the learned Trial
Court shall be at liberty to cancel the bail bond of the petitioner.
(Satyavrat Verma, J)
Sanjay/-
U T
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