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Patna High Court

Vijay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond, sureties and conditions of personal appearance.

Summary

Vijay Kumar was arrested in connection with a dowry‑related case (PS Ramkrishnanagar Case No.458 of 2025) after his wife allegedly jumped from a terrace and later died. He applied for bail, contending that the allegations were false, that he had no criminal antecedent, and that he promptly informed the police upon learning of the incident. The State opposed bail, arguing that the husband was responsible for the death, which appeared to be a suicide following alleged dowry harassment. The Court examined the investigation report, which indicated death due to a hard impact, and noted the petitioner’s cooperation and lack of prior record. Accordingly, the Court granted bail on a Rs.10,000 bond with two sureties and imposed conditions of personal appearance in the trial court, also directing the trial to be expedited.

Issues considered

  • Whether the petitioner, accused under sections 80(2) and 3(5) of the BNS, 2023 for dowry‑related offences, is entitled to bail.
  • Whether the circumstances of the alleged suicide justify denial of bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • suicide
  • false allegations
  • criminal antecedent
  • bond
  • surety
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74628 of 2025
                 Arising Out of PS. Case No.-458 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Vijay Kumar S/o Vasudev Chaudhary R/o -Gandhi Path, Ward No. 7, Near -
                 Ashok Talkies, P.S - Saharsa (Sadar), District - Saharsa At present R/o -
                 Adarsh Colony Road No.4 in the House of Rajesh Kumar, P.S -
                 Ramkrishnanagar, District - Patna

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Ajay Thakur, Adv.
                                                  Mr. Ritwik Thakur, Adv.
                                                  Mrs.Vaishnavi Singh, Adv.
                 For the Opposite Party/s :       Mr. Dilip Kumar No. 1, APP
                 For the Informant        :       Mr. Yash Raj, Adv.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   16-02-2026                          Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the informant.

                                   2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Ram Krishna Nagar P.S. Case

                   no.458 of 2025 registered under sections 80(2) and 3(5) of BNS,

                   2023.

                                 3. Allegation in the F.I.R is that petitioner along with

                   his family members started torturing her daughter on non-

                   fulfillment of demand of dowry and also assaulted her. On

                   03.06.2025, the petitioner (husband of the deceased) informed

                   the informant that his daughter jumped from terrace, thereafter

                   she was taken to PMCH but she was declared dead.
Patna High Court CR. MISC. No.74628 of 2025(4) dt.16-02-2026
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                       4. Learned counsel for the petitioner submits that

          the petitioner has been made an accused in this case on false and

          baseless allegations. As a matter of fact, the petitioner got to

          know of the fact that his wife has jumped from terrace and he

          immediately gave information about the same to the informant

          and also to the police. It has further been submitted that the

          petitioner never indulged in any demand of dowry or did not

          inflict any torture upon the deceased. The materials collected

          during course of investigation, especially submission of the land

          lord recorded in paragraph no.16 of the case diary, would further

          make it clear that the petitioner was sleeping in his room, which

          was locked from outside and it is only after disclosure that his

          wife fell from the terrace that the petitioner got to know about

          the accident and took immediate measures. The petitioner is in

          custody since 05.06.2025 and has no criminal antecedent. He

          undertakes to cooperate in the case/trial and charge-sheet has

          been submitted in the case whereafter the case is pending at the

          stage of charge.

                       5. The application for bail is opposed by learned

          A.P.P. for the State as also learned counsel for the informant on

          the ground that the petitioner, who is the husband of the

          deceased, is responsible for the death of the deceased as she
            Patna High Court CR. MISC. No.74628 of 2025(4) dt.16-02-2026
                                                        3/3




                      had committed suicide in a very short span of time after her

                      marriage.

                                   6. Taking into consideration the aforesaid facts and

                      circumstances of the case and also considering the fact that the

                      victim had committed suicide which is also borne out from the

                      materials collected during course of investigation and the post-

                      mortem report also indicates that death was caused due to hard

                      and force impact, the petitioner having no criminal antecedent,

                      is directed to be enlarged on bail in connection with Ram

                      Krishna Nagar P.S. Case no.458 of 2025 on furnishing bail bond

                      of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

                      like amount each to the satisfaction of the learned Court

                      concerned where the case is pending/successor Court, subject to

                      the condition that the petitioner shall remain physically present

                      in the learned trial Court on each date and shall cooperate in the

                      trial. In case the petitioner is absent on the two consecutive

                      dates without sufficient reasons, the learned trial Court would be

                      at liberty to cancel the bail bonds of the petitioner.

                                   7. The learned trial Court is directed to expedite the

                      trial.


                                                (Soni Shrivastava, J)
Harsh/-
U       T


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