Patna High Court
Vivek Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 302, 328, 34
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
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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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