Patna High Court
Nivash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- KHATIM REZA
Holding
The bail application of the petitioner is rejected.
Summary
The petitioner, Nivash Kumar, was charged under Sections 85 and 80(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act for the alleged dowry‑related death of his wife, Sonam Kumari. He applied for bail, claiming innocence, lack of specific overt acts against him, and that the death was a suicide resulting from a domestic altercation. The prosecution, supported by the informant and the Assistant Public Prosecutor, argued that the deceased was subjected to dowry demands and torture, and that the death occurred in the matrimonial home, making the husband primarily responsible. The court noted the gravity of the allegations, the post‑mortem findings confirming death by hanging, and the presumption of culpability under the dowry death provisions. Consequently, the court declined to grant bail, directing the trial court to expedite the trial within a year. The order emphasizes the need for swift justice in dowry‑related homicide cases.
Issues considered
- Whether bail can be granted to the accused under Sections 85 and 80(1) of the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act in a dowry‑death case
- Whether the presumption of culpability under the dowry death provisions applies to the petitioner
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 80(1), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of guilt
- criminal procedure
- post‑mortem report
- matrimonial home
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70756 of 2025
Arising Out of PS. Case No.-267 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Nivash Kumar S/o Birendra Yadav Resident of Village - Hasanpur, P.S -
Magadh University, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Adv.
For the Opposite Party/s : Mrs.Renu Kumari, APP
Mr. Ujjawal Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with
Magadh University P.S. Case No. 267 of 2024 dated
10.12.2024, instituted for the offences punishable under
Sections 85 and 80(1) of the Bharatiya Nyaya Sanhita, 2023,
and Section 3/4 of the Dowry Prohibition Act.
3. The prosecution case, in short, is that the
informant’s daughter, Sonam Kumari, was married to petitioner
on 23.04.2024. After her marriage, her in-laws demanded a four-
wheeler and subjected her to physical and mental torture for
non- fulfillment of demand of dowry. On 09.12.2024 at about
11 PM the informant was informed that the accused persons had
Patna High Court CR. MISC. No.70756 of 2025(4) dt.21-01-2026
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allegedly killed his daughter by hanging. When the informant
reached the place of occurrence, he found the dead body of his
daughter was hanging.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the petitioner is the
husband of the deceased and no specific overt act has been
attributed against him. The allegations levelled against the
petitioner are general and omnibus in nature. It is next submitted
that due to a domestic altercation between the spouses, the
deceased herself committed suicide by hanging with her
dupatta. Lastly, it is submitted that the petitioner has been in
custody since 24.01.2025 and has no criminal antecedents.
5. On the other hand, learned counsel for the
informant and the APP for the State have opposed the prayer for
bail on behalf of the petitioner and submitted that the marriage
of the deceased was solemnized on 23.04.2024. After the
marriage, the in-laws of the informant’s daughter allegedly
demanded a four-wheeler and subjected her to physical and
mental torture on account of non-fulfillment of the said demand.
It is further submitted that on 09.12.2024 the informant received
information that the accused persons had caused the death of his
Patna High Court CR. MISC. No.70756 of 2025(4) dt.21-01-2026
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daughter by hanging. The postmortem report corroborates the
prosecution case revealing that the cause of death was asphyxia
and shock due to hanging. It is also submitted that the death of
the informant’s daughter occurred in the house of the petitioner,
who, being her husband, had the primary responsibility to
ensure her safety and well-being.
6. Considering the nature and gravity of the
allegations, the postmortem report supporting the prosecution
case and the fact that the death occurred in the matrimonial
home of the petitioner, this Court is not inclined to grant bail to
the petitioner at this stage.
7. Accordingly, the bail application of the petitioner is
rejected.
8.However, in view of the fact that charge has already
been framed, the learned Trial Court is directed to expedite the
trial and take all endeavour to conclude the trial at the earliest,
preferably, within a period of one year from the date of receipt
or production of a copy of this order.
(Khatim Reza, J)
shyambihari/-
U
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