Created by Fuzzy Cloud

Patna High Court

Pankaj Kumar @ Shudhanshu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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.
Patna High Court CR. MISC. No.74304 of 2025(7) dt.25-03-2026
                                            3/4




                       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.
               Patna High Court CR. MISC. No.74304 of 2025(7) dt.25-03-2026
                                                           4/4




                                      (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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.