Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Dilip Kumar, was charged under Sections 80 and 3(5) of the B.N.S. for alleged involvement in the dowry‑related torture, harassment and murder of the informant’s sister, who was also his wife. The prosecution alleged that the deceased was killed after a dowry demand was not met, while the petitioner claimed innocence, asserting that the deceased had actually committed suicide and that the informant was not an eye‑witness. The State and the informant’s counsel opposed bail, emphasizing the serious nature of the accusations and the framing of charges. The court considered the general and omnibus nature of the accusation, the fact that charges had already been framed, the petitioner’s clean antecedents and the length of his custody. Weighing these factors, the court allowed the bail application, directing release on a bail‑bond of Rs. 10,000 with two sureties of equal amount. The bail order was subject to the satisfaction of the Sub‑Divisional Judicial Magistrate, Danapur.
Issues considered
- Whether bail should be granted to the petitioner despite being charged with murder and dowry‑related offences under Sections 80 and 3(5) of the B.N.S.
- Whether the framing of charges and the petitioner’s clean criminal record justify bail.
- Whether the informant’s testimony, lacking eye‑witness status, is sufficient to deny bail.
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- bail
- dowry harassment
- murder
- suicide
- criminal procedure
- Section 80
- Section 3(5)
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69841 of 2025
Arising Out of PS. Case No.-223 Year-2024 Thana- SAHPUR District- Patna
======================================================
Dilip Kumar Son of Munna Prasad @ Munna Rai @ Munna Singh R/o Usri
Sikarpur, P.S.- Shahpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Prerna Rishi, Advocate
For the State : Mr. Pronoti Singh, APP
For the Informant : Mr. Dinbandhu Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 30-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the informant.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 80 and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that marriage
of sister of informant was solemnized with this petitioner on
12.05.2022 and thereafter, all the F.I.R. named accused persons,
including this petitioner, committed torture and harassment due
to non-fulfillment of demand of dowry and subsequently,
committed her murder.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Patna High Court CR. MISC. No.69841 of 2025(4) dt.30-01-2026
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Informant is not an eye witness to the occurrence. Petitioner has
falsely been implicated in this case merely because he happens
to be husband of the deceased. As a matter of fact, the deceased
herself committed suicide. Moreover, charges have already been
framed against the petitioner on 06.01.2026 and petitioner,
having no criminal antecedents, is in custody since 02.08.2024.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant have vehemently opposed
the prayer for grant of bail to the petitioner and submitted that
petitioner is named in the F.I.R. with specific accusation that he,
along with other accused persons, committed murder of sister of
informant. Petitioner is husband of the deceased who died
unnatural death at her matrimonial house within seven years of
marriage.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, period of
custody, fact that charges have already been framed against the
petitioner and clean antecedents, the prayer for grant bail of to
the petitioner is allowed.
7. Accordingly, 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
Patna High Court CR. MISC. No.69841 of 2025(4) dt.30-01-2026
3/3
satisfaction of learned Sub Divisional Judicial Magistrate,
Danapur, Patna in connection with Shahpur P.S. Case No. 223 of
2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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