Patna High Court
Rajiv KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Considering the period of custody and the tardy progress of the trial, the court held that regular bail could be granted despite the seriousness of the charges.
Summary
Rajiv Kumar, husband of the deceased daughter of an informant, was charged with dowry death and related offences under Sections 304B, 302, 201, 34 and 120B of the Indian Penal Code. He had been in custody since 1 May 2025 and the charge was already framed. The petitioner applied for regular bail, asserting a clean antecedent, while the State and the informant opposed the relief. The court examined the length of his custody, the slow progress of the trial and other surrounding circumstances. Finding that the delay and other factors warranted bail, the court ordered his release on a bail‑bond of Rs.10,000 with two sureties. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.
Issues considered
- Whether regular bail can be granted to an accused facing serious offences including dowry death under Sections 304B, 302, 201, 34 and 120B of the IPC.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 304B, 34
Subjects
- dowry death
- regular bail
- IPC
- murder
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63379 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- Gokhulpur District- Nalanda
======================================================
Rajiv Kumar S/o Siyaram Bind R/o Village - Bhatha, P.S - Gokhulpur
(Gokulpur), District -Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
For informant : Mr. Aayushman, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 04-02-2026 Heard learned counsel for the petitioner, informant+
and learned A.P.P. for the State .
2. Petitioner seeks regular bail in a case registered for the
offences punishable under Sections 304 B, 302, 201 , 34 and 120 B
of IPC .
3 . It is a case of dowry death. The prosecution case , in brief,
is that marriage of daughter of informant was solemnized with this
petitioner in the year 2022 /23 . After marriage , all the accused
persons, including this petitioner started demanding dowry and due
to non-fulfillment of the same , they committed murder of daughter
of informant.
4. Learned counsel for the petitioner submitted that petitioner
is husband of the deceased. He is in custody since 01.05.2025 .
Charge has already been framed. The case is running for prosecution
Patna High Court CR. MISC. No.63379 of 2025(4) dt.04-02-2026
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evidence . Petitioner claims clean antecedent.
5 . Learned A.P.P. for the State as well as informant
vehemently opposes the bail application .
6. Considering the period of custody , tardy progress of
trial and other circumstances of the case , the bail application is
allowed . Let the above named petitioner be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate Ist Class, Nalanda at Biharsharif in connection
with Gokulpur P. S. Case No. 23 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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