Patna High Court
Jitan Bind @ Jitan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Jitan Bind, was charged with murder under IPC sections 304B and 34 and with offences under Sections 3 and 4 of the Dowry Prohibition Act, alleged to have arisen from a dowry demand for a motorcycle. The father of the deceased initially reported that the petitioner and his family were assaulting the victim, but later said they were taking her to the hospital for ailments. The post‑mortem report showed no external injuries and the forensic laboratory report found no poison, leading the defence to argue that the death was due to natural causes. The counsel contended that the petitioner was falsely implicated and highlighted that co‑accused had already been granted anticipatory bail. Considering the lack of conclusive forensic evidence and the circumstances, the Court ordered the release of the petitioner on regular bail with a bond of Rs. 10,000 and two sureties, subject to cooperation with the trial.
Issues considered
- Whether regular bail can be granted in a dowry‑death case under IPC 304B/34 and the Dowry Prohibition Act.
- Whether the absence of external injuries and inconclusive post‑mortem findings justify granting bail.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 34
Subjects
- dowry death
- IPC 304B
- regular bail
- post‑mortem report
- forensic report
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65901 of 2025
Arising Out of PS. Case No.-216 Year-2023 Thana- SHIVSAGAR District- Rohtas
======================================================
Jitan Bind @ Jitan Kumar S/o Bulla Bind Resident of Village - Machwar, P.S
- Sheosagar, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh
For the State : Mrs.Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 29-01-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Section
304(B)/34 of the Indian Penal Code and Section 3/4 of the
Dowry Prohibition Act, registered in connection with Shivsagar
P.S.Cased No. 216 of 2023.
3. The informant, who is the father of the deceased,
received telephonic call from the Mausi of the deceased that the
petitioner (husband) and his family members were brutally
assaulting his daughter. Soon thereafter, the father of the
petitioner apprised the informant that they were carrying his
daughter to the hospital. Thereafter he disconnected the call.
The daughter of the informant died in the Sadar Hospital. The
Patna High Court CR. MISC. No.65901 of 2025(4) dt.29-01-2026
2/3
reason for occurrence is alleged due to non-fulfillment of
demand of motor-cycle in dowry.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated.
The deceased died due to ailments and the father of the
petitioner himself apprised the family members of the deceased
when she was being shifted to the hospital. The learned counsel
has submitted further that the doctor who conducted the autopsy,
was not definite about the cause of death, and he opined the
cause of death as suspected case of poisoning. But the FSL
report shows that the viscera did not contain any kind of
poisonous substance, which clearly establishes that the victim
died due to ailments. The learned counsel has also submitted
that, according to the FIR, the accused persons, were brutally
assaulting the deceased, but no external injury was found on her
person. Other co-accused persons have been granted
anticipatory bail by a coordinate Bench of this Court in
Cr.Misc.No. 35772 of 2025 under order dated 18.06.2025.
5. The father of the petitioner himself apprised the
informant that they were carrying his daughter to the hospital as
she was suffering from ailments. There is no external injury on
the person of the deceased, according to the post mortem report.
Patna High Court CR. MISC. No.65901 of 2025(4) dt.29-01-2026
3/3
It was a suspected case of poisoning and, that too, was not
established in the FSL report relating to the viscera. The
petitioner is in custody since 25.04.2025.
6. Considering the above facts and circumstances, let
the petitioner, above-named, 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 Additional Chief
Judicial Magistrate Rohtas at Sasaram in connection with
Shivsagar P.S.Case No. 216 of 2023, subject to the condition
that the petitioner shall cooperate in the disposal of trial and
make himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
HR/-
U T
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