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Patna High Court

Siddhant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Siddhant Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 80(2) and 61 of the Bharatiya Nyaya Sanhita concerning alleged dowry harassment and murder of a woman named Ganga. The informant alleged that the petitioner was involved in a relationship with the deceased and was part of a conspiracy to extort dowry, while the petitioner contended he was falsely implicated, not named in the FIR, and had a clean record. The State opposed the bail, but the informant’s counsel also agreed the petitioner was falsely implicated. The Court examined the allegations, the lack of direct evidence linking the petitioner to the crime, and his willingness to cooperate with the investigation. It granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, reserving the right to cancel the bail if the petitioner fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 80(2) and 61 of the Bharatiya Nyaya Sanhita.
  • Whether the petitioner’s alleged involvement in the alleged dowry harassment and murder warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • dowry harassment
  • murder
  • Bharatiya Nyaya Sanhita
  • Section 80
  • Section 61
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66749 of 2025
                         Arising Out of PS. Case No.-101 Year-2024 Thana- Pothia District- Katihar
                 ======================================================
                 Siddhant Kumar S/o Bundelal Pandit R/o Mohalla- Harda Bajar, P.S.- Harda,
                 District- Purnea

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Vijay Shankar Shrivastava, Advocate
                 For the Opposite Party/s :         Mr. Binod Kumar, APP
                 For the Informant        :         Mr. Mukesh Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   09-02-2026                      1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                      2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 80(2) and

                   61 of the Bharatiya Nyaya Sanhita.

                                     3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that his daughter was married to Ajit on 1-3-2023, after

                   marriage the accused persons including the petitioner started

                   torturing his daughter for non-fulfillment of dowry demand of a

                   motorcycle and Rs. 10 lakhs for purchasing land, further the

                   victim also disclosed that Ajit is having an extra marital affairs
Patna High Court CR. MISC. No.66749 of 2025(3) dt.09-02-2026
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          with Ganga (petitioner) and when the victim protested the

          relationship, Ajit threatened that if demand is not met, he will

          marry Ganga, further Ajit on 26-10- 2024 informed from an

          unknown number that victim died, accordingly he along with

          the family members reached the place of occurrence and found

          the dead body of the victim lying inside a room with multiple

          injury marks and the accused persons had fled.

                           4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          informant is not an eye witness to the occurrence nor petitioner

          is named in the FIR and his name transpired during the course

          of investigation that he was in a relationship with the deceased.

          It is submitted that petitioner and the deceased were known

          from before, but were not in a relationship nor the FIR even

          remotely discloses that petitioner in any manner was involved in

          the occurrence. It is next submitted that even presuming what

          has been alleged is true without admitting then petitioner cannot

          be alleged to have abetted the offence. It is further submitted

          that Ganga Kumari @ Ganga had approached this Court seeking

          anticipatory bail by filing Criminal Miscellaneous No. 43853 of
Patna High Court CR. MISC. No.66749 of 2025(3) dt.09-02-2026
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          2025 and the same was allowed by an order dated 09.02.2026.

          It is also submitted that petitioner will not abscond rather will

          cooperate in the investigation to prove his innocence.

                              5. Learned A.P.P. for the State opposes the

          anticipatory bail application, but then learned counsel appearing

          on behalf of the informant submits that petitioner has been

          falsely implicated in the instant case, as deceased was never in a

          relationship with the petitioner.

                           6. After hearing the learned counsel for the parties

          and considering the submissions made by the learned counsel

          appearing on behalf of the petitioner and the learned counsel

          appearing on behalf of the informant, the petitioner above-

          named, in the event of his arrest or surrender before the learned

          trial court within a period of six weeks from today, be released

          on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned trial court where the case

          is pending/successor court in connection with Pothiya Katihar

          P.S. Case No. 101 of 2024, subject to the conditions as laid

          down under Section 482 (2) of the BNSS.

                          7. However, it is made clear that in the event if the

          Investigating Officer of the case files an application before the
            Patna High Court CR. MISC. No.66749 of 2025(3) dt.09-02-2026
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                      learned Trial Court bringing to its notice that petitioner despite

                      giving assurance to this Court is not co-operating in the

                      investigation, in that event the learned Trial Court shall be at

                      liberty to cancel the bail bonds of the petitioner.

                                      8. Let a copy of this order be sent to the concerned

                      police station through the learned Trial Court.

                                     9. Accordingly, the instant anticipatory bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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