Patna High Court
Pankaj Kumar @ Shudhanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Petitioner Pankaj Kumar, husband of a deceased woman, was arrested on charges of torture and dowry death under Sections 80(2), 352, 351(2) and 3(5) of the B.N.S. He sought bail after being in custody since 22‑04‑2025. The petitioner claimed the allegations were fabricated, that the death was a suicide, and that he had a clean antecedent, while the State argued that the husband’s involvement was evident and the post‑mortem supported the FIR. The trial court report showed the case was still at the evidence stage with no prosecution witnesses examined, indicating a likely delay in conclusion. Considering the lack of progress, the court granted bail on a Rs 10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case given the seriousness of the offences.
- Whether the delay in trial and absence of examined prosecution witnesses justify granting bail.
- Whether the allegations against the petitioner are false and the case is fabricated.
Legislation cited
- Bihar Negotiable Statutes (B.N.S.) — s. 3(5), 351(2), 352, 80(2)
Subjects
- dowry death
- bail
- trial delay
- false allegations
- post‑mortem report
- criminal antecedent
- evidence stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74304 of 2025
Arising Out of PS. Case No.-159 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Pankaj Kumar @ Shudhanshu Kumar S/o Sidh Nath Singh Resident of village
- Kanchanpur, P.S.- Belaganj, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Informant : Mr. Ranjeet Kumar, Advocate
For the State : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
7 25-03-2026 Heard Mr. Dewanand Tiwari, learned counsel for the
petitioner, Mr. Ranjeet Kumar, learned counsel for the Informant
and Mr. Raj Kishor Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
22.04.2025, in connection with Belaganj P.S. Case No. 159 of
2025, F.I.R. dated 19.03.2025 registered for the offences
punishable under Sections 80(2), 352, 351(2), 3(5) of the B.N.S.
3. Allegation against the petitioner is of committing
torture and caused death due to non-fulfillment of demand of
dowry.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.74304 of 2025(7) dt.25-03-2026
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allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
and petitioner has been made accused merely on the ground that
the petitioner is husband of the deceased. In fact, the deceased
has committed suicide herself and after the death of the
deceased the petitioner files several representations before the
Senior Superintendent of Police, Gaya for fair enquiry. He
further submits that the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 22.04.2025 but the trial is not in progress.
5. Vide order dated 18.02.2026, a report was called
for with regard to the stage of the trial. Report dated 28.02.2026
of the learned Trial court reveals that the case is pending at the
stage of evidence and altogether five prosecution witnesses in
total in the present trial but no witnesses have been examined
till now by the prosecution, although the Court has given a
direction to the learned Additional Public Prosecutor to produce
witnesses as soon as possible.
6. Learned counsel for the petitioner submits that in
view of the report of the learned Trial court, there is no chance
of early conclusion of the trial in near future and the petitioner is
in custody since 22.04.2025 almost one year.
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7. Learned counsel for the Informant as well as
learned Additional Public Prosecutor for the State, on the other
hand, has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner is the husband of the
deceased and he has committed the crime in question and apart
from aforesaid the postmortem report of the deceased supports
the allegation as alleged in the F.I.R.
8. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Gaya in connection with
Belaganj P.S. Case No. 159 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
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(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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