Patna High Court

Vishal KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court held that, given the contradictory testimony of the informant and the absence of evidence of a dowry demand, the petitioner is entitled to bail.

Summary

Vishal Kumar was charged under Sections 80(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 for the alleged murder of his wife, the daughter of an informant, in a dowry‑related dispute. The prosecution alleged that the petitioner and his family killed the daughter for non‑fulfilment of dowry, while the defence argued that the petitioner is innocent and has been falsely implicated. During trial, the informant (P.W.-1) contradicted the prosecution by stating that his daughter suffered from mental illness, had attempted suicide earlier, and that there was no dowry demand or hostile relationship with the in‑laws. The learned A.P.P. opposed bail, but the court, after considering the contradictory evidence and the petitioner’s custody since April 2025, ordered his release on bail with a bond of Rs.10,000 and two sureties. The order was pronounced by Justice Khatim Reza of the Patna High Court.

Issues considered

Whether the petitioner is entitled to bail in a case under Sections 80(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 concerning alleged dowry‑related murder.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)

Subjects

bail
dowry death
murder
Bhartiya Nyaya Sanhita
criminal procedure
evidence
presumption

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71390 of 2025
                      Arising Out of PS. Case No.-254 Year-2024 Thana- UDAKISHUNGANJ District-
                                                       Madhepura
                 ======================================================
                 Vishal Kumar, S/O Ranjan Muni, Resident of Village - Baijnathpur, Ward No.
                 - 07 ,P.S. - Udakishuganj, District Madhepura
                                                                           ... ... Petitioner/s

                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Patla Kumari, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with S. Tr. No.

                   314 of 2024 arising out of Udaikishunganj P.S. Case No. 254 of

                   2024 dated 02.08.2024, instituted for the offence punishable under

                   Sections 80(2)/3(5) of Bhartiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that the marriage of

                   the petitioner was solemnized with the daughter of the informant.

                   On 01.08.2024, the daughter of the informant was found dead. It is

                   alleged that the petitioner and his family members killed the

                   daughter of the informant due to non-fulfilment of dowry.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in this

                   case. Learned counsel for the petitioner submits that the petitioner
           Patna High Court CR. MISC. No.71390 of 2025(3) dt.21-01-2026
                                                       2/2




                     is the husband of the deceased. It is further submitted that during

                     trial, the informant has been examined as P.W.-1, who has clearly

                     contradicted the prosecution case and stated that her daughter was

                     suffering from mental disorder before her marriage and earlier she

                     tried to commit suicide time and again. In paragraph 7 of the

                     cross-examination, the informant has clearly stated that she had

                     cordial relation with her in-laws and no dowry demand was made

                     by the accused persons. Lastly, it has been submitted that the

                     petitioner is in custody since 02.04.2025 having one criminal case

                     against him.

                                   5. Learned A.P.P. has opposed the prayer for bail of the

                     petitioner.

                                   6. Having considered the facts and circumstances of the

                     case and submissions of learned counsel for the parties, let the

                     petitioner be released on bail upon furnishing bail bonds of Rs.

                     10,000/- (ten thousand) with two sureties of the like amount each

                     to the satisfaction of the learned Addl. Sessions Judge, IInd ,

                     Madhepura in S.T. Case No. 314 of 2024 arising out of

                     Udakishunganj P.S. Case No. 254 of 2024.


                                                                  (Khatim Reza, J)

premchand/-

U      T

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