Patna High Court
Luvkush KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petition for regular bail is denied.
Summary
The petitioner, Luvkush Kumar, applied for regular bail in a case (Goh PS Case No.127 of 2025) alleging offences under Sections 80(2) and 3(5) of the BNS. The prosecution alleges that after marrying the complainant’s daughter in 2020, the petitioner and his family demanded a motorcycle and money as dowry and, when the demand was not met, caused the daughter’s death five years later. The petitioner contends he was falsely implicated, claims the deceased committed suicide, and asserts he was at his workplace at the time of the incident. The complainant’s daughter’s younger sister and other witnesses support the prosecution’s version. The court, after considering the facts and the seriousness of the allegations, concluded that the petitioner does not merit the privilege of bail and rejected the application.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 80(2) and 3(5) of the BNS in view of the alleged dowry‑related murder.
Legislation cited
- BNS — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- murder
- suicide claim
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64649 of 2025
Arising Out of PS. Case No.-127 Year-2025 Thana- GOH District- Aurangabad
======================================================
Luvkush Kumar S/o- Shrawan Kumar Village- Lohri Post-Devhara PS- Goh
Distt-Aurangabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 02-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Goh P.S. Case No. 127 of 2025, registered for the
offences punishable under Sections 80(2)/3(5) of the BNS.
3. The brief facts of the prosecution case are that the
marriage of the complainant’s daughter was solemnized with the
petitioner in the year 2020. It is alleged that after some time, the
petitioner and his family members started demanding a motorcycle
and money as dowry. Due to non-fulfillment of the said demand,
they hanged the complainant’s daughter to death.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated. The
death occurred after five years of the marriage. There is no reason
for demand of dowry after five years of the marriage. Nandini
Patna High Court CR. MISC. No.64649 of 2025(5) dt.02-02-2026
2/2
Kumari, gotni of the deceased, did not support the allegation. He
has submitted further that the deceased herself committed suicide
and implicated the petitioner along with his entire family
members. He has also submitted that at the time of occurrence, the
petitioner was not present there rather he was on his work place.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. From perusal of the FIR, it appears that the allegation
of demand of motorcycle and money is only against the petitioner.
The witnesses in case diary including the younger sister of the
deceased have supported the occurrence. The petitioner is husband
of the deceased.
7. Considering the above-mentioned facts and
circumstances, the petitioner doesn’t deserve the privileges for
bail. Accordingly, it is rejected.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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