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Patna High Court

Vivek Kumar SinhaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied regular bail to the petitioner.

Summary

Vivek Kumar Sinha, the husband of a deceased woman, was charged in a dowry death case under Sections 328, 302 and 34 of the Indian Penal Code. He applied for regular bail, claiming innocence and alleging false implication. The State and the informant opposed bail, citing investigation findings that the petitioner was alone with the deceased at the time of death. The Court, considering the seriousness of the alleged offences, rejected the bail application. It also directed the trial court to expedite the trial and conclude it within one year of receiving the order.

Issues considered

  • Whether regular bail should be granted to an accused in a dowry death case under Sections 328, 302 and 34 IPC.
  • Whether the nature and gravity of the alleged offences preclude the grant of bail.

Legislation cited

Subjects

  • dowry death
  • regular bail
  • Indian Penal Code
  • murder
  • criminal procedure
  • gravity of offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75169 of 2025
                     Arising Out of PS. Case No.-1018 Year-2022 Thana- KANKARBAG District- Patna
                 ======================================================
                 Vivek Kumar Sinha S/O Late Vinod Kumar Sinha R/O Vinod Bhawan, Main
                 Road Knakarbagh, In front of Sagar Restaurant, P.S- Kankarbagh, Town and
                 Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nagadeo Choubey, Advocate
                 For the Opposite Party/s :      Mr. Syed Mojibur Rahman, A.P.P.
                 For the Informant        :      Mr. Amrendra Kumar Sinha, No. 1, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   09-01-2026                  Heard learned counsel for the petitioner, informant

                   and learned A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Kankarbagh P. S. Case No. 1018 of 2022 in a case registered for

                   the offences punishable under Sections 328, 302/34 of the

                   Indian Penal Code.

                                3. It is a case of dowry death. As per F.I.R., it is

                   alleged that all the named accused persons, including this

                   petitioner, killed the daughter of informant due to non-

                   fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case merely because he is husband of the deceased. Petitioner is
              Patna High Court CR. MISC. No.75169 of 2025(4) dt.09-01-2026
                                                          2/2




                        in custody since 19.04.2025.

                                     5. Learned A.P.P. for the State as well as learned

                        counsel for the informant vehemently opposed the bail

                        application and submitted that during investigation, son and

                        daughter of the deceased have stated that this petitioner was

                        alone with the deceased at the time of death, watching

                        television.

                                     6. Considering the nature of accusation and gravity of

                        the offence, prayer for bail of the petitioner is rejected.

                                     7. However, since petitioner is in custody since

                        19.04.2025, Trial Court is directed to expedite and conclude the

                        trial, preferably, within a period of one year from the date of

                        receipt/production of copy of this order.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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