Patna High Court
Kishan RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Kishan Ram, the husband of a deceased woman, was arrested on 12 January 2025 in connection with a dowry‑death case (PS Halai Case No. 151 of 2024) under Sections 80(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution alleges that he, along with others, killed the informant’s daughter for non‑payment of dowry, while the defence contends that the death was a suicide by hanging with no external injuries and that the petitioner is falsely implicated. The petitioner, represented by Mr. Madhav Kumar, pleaded for bail, emphasizing his clean antecedent and the lack of forensic evidence of foul play. The Additional Public Prosecutor opposed bail, citing the suspicious circumstances of the death and the statutory provisions. The Court, after considering the facts, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent. The bail order was directed to be implemented by the District & Additional Sessions Judge‑IX, Samastipur.
Issues considered
- What is the appropriateness of granting bail to an accused under Sections 80(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023 in a dowry‑death case?
- Does the absence of external injuries and the possibility of suicide affect the bail decision?
- Are the conditions imposed by the Court sufficient to safeguard the trial process?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- dowry death
- bail
- Bharatiya Nyay Sanhita
- criminal procedure
- presumption of innocence
- suicide
- asphyxia
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74902 of 2025
Arising Out of PS. Case No.-151 Year-2024 Thana- HALAI District- Samastipur
======================================================
Kishan Ram S/o- Nanhki Ram @ Nanhaki Ram Village- Indrawara @ Indar
Wara Ward No- 8 PS- Halai Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 23-03-2026 Heard Mr. Madhav Kumar, learned counsel for the
petitioner as well as Mr. Chandra Sen Prasad Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.01.2025 in connection with Halai P.S. Case No. 151 of 2024,
F.I.R. dated 28.12.2024 for the offences punishable under
Sections 80(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioner along with other accused persons
killed his daughter due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case merely on the ground that he is
husband of the deceased. He further submits that there was no
Patna High Court CR. MISC. No.74902 of 2025(5) dt.23-03-2026
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external injury found of the body of the deceased and death was
caused due to asphyxia due to hanging which suggest that the
deceased committed suicide herself and the petitioner is in
custody since 12.01.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner is named in the FIR and death of
informant’s daughter was caused under suspicious
circumstances within seven years of her marriage but fairly
submits that no external injury found of the body of the
deceased.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned district &
Additional Sessions Judge-IX, Samastipur in connection with
Halai P.S. Case No. 151 of 2024, subject to the following
conditions:-
i. 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
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Suruchi/-
U T
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