Patna High Court
Vivek kumar @ Vivek kumar ramversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to a bond and specified conditions.
Summary
Vivek Kumar was arrested in connection with a dowry‑death case (Bijdhari P.S. Case No. 57 of 2024) under Sections 80 and 3(5) of the Bharatiya Nyay Sanhita, 2023, alleged to have killed his daughter Nishu Kumari over dowry demands. The petitioner contended that the FIR was fabricated, that he had no specific allegation of assault or dowry demand, and that the deceased had committed suicide, as supported by the post‑mortem report indicating asphyxia due to hanging. The prosecution opposed bail but noted that independent witnesses also stated the death was a suicide. The court examined the lack of concrete evidence linking the petitioner to the alleged offence and the medical evidence of suicide, and consequently granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent, with provisions for cancellation if false information is discovered.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case where the death appears to be a suicide and there is no specific allegation against the petitioner.
- Whether the FIR and charge sheet sufficiently establish the petitioner’s participation in the alleged offence under Sections 80 and 3(5) of the Bharatiya Nyay Sanhita.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 3(5), 80
Subjects
- dowry death
- bail
- suicide
- false implication
- Bharatiya Nyay Sanhita
- Section 80
- Section 3(5)
- post‑mortem report
- evidence tampering
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61513 of 2025
Arising Out of PS. Case No.-57 Year-2024 Thana- Bijdhari District- East Champaran
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Vivek kumar @ Vivek kumar ram Son of Ramakant ram Resident of Village -
Lala Chhapara, P.S. - Kesariya(Bijdhari), Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
7 19-03-2026 Heard Mr. Abhishek Kumar, learned counsel for the
petitioner as well as Mr. Harendra Prasad, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 19.05.2025
in connection with Bijdhari P.S. Case No. 57 of 2024, F.I.R. dated
16.12.2024 for the offences punishable under Sections 80 and 3(5)
of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged
that the petitioner along with other co-accused person killed his
daughter, namely, Nishu Kumari (now, deceased) due to non-
fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been implicated in
the present case merely on the ground that he is husband of the
deceased. He further submits that the allegation as alleged in the
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F.I.R. is false and fabricated and the petitioner has not committed
any offences as alleged in the F.I.R. Although the petitioner is
named in the FIR but from bare perusal of the FIR it appears that
there is no specific allegation of assault or overt act or demand of
dowry attributed against him rather there is general and omnibus
allegation against all the accused persons including the petitioner.
Infact the deceased has committed suicide herself supported by the
post-mortem report and apart from that no external and internal
injury was found on the body of the deceased. He further submits
that the police after investigation submitted the charge sheet against
the petitioner and the petitioner is in custody since 19.05.2025.
The opinion of the doctor is quoted hereinbelow:-
“In my opinion the cause of death is asphyxia
due to hanging.
Caused by:-Ligature material”
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner but fairly
submits that it come during investigation which is recorded in
paragraph nos. 19 and 20 of the case diary that independent
witnesses have stated that the deceased has committed suicide
herself.
6. Considering the aforesaid facts and circumstances, let
the petitioner, above named, be released on bail on furnishing bail
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bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, East Champaran, Motihari in connection with Bijdhari
P.S. Case No. 57 of 2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court and
shall remain physically present as directed by the court and on his
absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall verify
the criminal antecedent of the petitioner and in case at any stage it
is found that the petitioner has concealed his criminal antecedent,
the court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in the
name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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