Patna High Court
Deo Narayan DasversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The petition for bail is denied.
Summary
Deo Narayan Das petitioned for bail in a case registered as Banka P.S. Case No. 848 of 2023, where he is accused under Sections 304(b) and 34 of the Indian Penal Code for allegedly torturing and killing his wife over dowry demands. The prosecution alleges that the petitioner, along with family members, committed the offence, while the defence contends that the deceased died by suicide, the petitioner was not present at the scene, and he has no criminal antecedents. The State opposed bail, emphasizing the seriousness of the dowry‑death charge and the specific allegation against the petitioner. The Court examined the gravity of the accusation, the nature of the offence, and the lack of any compelling reason to grant liberty. Consequently, the Court refused the bail application, directing the trial court to expedite the trial and permitting a fresh bail application if the trial is not concluded within four months. The order underscores the Court's cautious approach in serious dowry‑death cases.
Issues considered
- Whether bail should be granted to an accused in a dowry‑death case under Sections 304(b) and 34 IPC.
- Whether the allegations against the petitioner are sufficient to deny bail despite claims of innocence and lack of prior record.
Legislation cited
- Indian Penal Code — s. 304(b), 34
Subjects
- dowry death
- bail
- IPC 304(b)
- IPC 34
- criminal procedure
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73351 of 2025
Arising Out of PS. Case No.-848 Year-2023 Thana- BANKA District- Banka
======================================================
Deo Narayan Das Son of Kandeo Das Village- Gorha PS- Banka, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Banka
P.S. Case No. 848 of 2023, instituted for the offences punishable
under Sections 304(B) and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that the petitioner
along with the family members tortured and killed the deceased
for non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case and
charge has also been framed against the petitioner. Learned
counsel for the petitioner also submitted that the petitioner is the
husband of the deceased. It is next submitted that the petitioner
was not present at the place of occurrence. The allegation
levelled against the petitioner is general and omnibus in nature.
Patna High Court CR. MISC. No.73351 of 2025(3) dt.06-02-2026
2/2
The deceased has committed suicide and nobody has tortured or
killed her. The petitioner is in custody since 07.03.2025 and has
got no criminal antecedent. Learned counsel for the petitioner
further submitted that other co-accused has been granted regular
bail by this Court vide order dated 10.10.2025 passed in Cr.
Misc. No. 72405 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner and submitted that
specific allegation has been attributed against the petitioner of
torturing the deceased for non-fulfillment of demand of dowry.
Hence, the petitioner does not deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial. However, if the trial is not concluded within a
period of four months from the date of receipt/production, the
petitioner will have liberty to renew his prayer for bail in the
Court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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