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Patna High Court

Digvijay SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.59601 of 2025(3) dt.25-02-2026
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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
               Patna High Court CR. MISC. No.59601 of 2025(3) dt.25-02-2026
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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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