Patna High Court
Vikash Prasad @ Bikash PrasadversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail cannot be granted at this stage; the petitioner must renew his bail application after charge framing.
Summary
The petitioner, husband of a deceased woman, applied for bail in a criminal case registered under Sections 80 and 3(5) of the B.N.S., alleging that he was falsely implicated in the death of the informant’s daughter, which the petitioner claims was a suicide by hanging due to dowry‑related marital discord. He asserted an alibi, stating he was posted in Ahmedabad at the time of the incident and only arrived in Patna after learning of the death. The prosecution opposed bail, emphasizing the seriousness of the alleged dowry‑death offence. The Court, noting the petitioner’s marital relationship and responsibility towards his wife, declined to grant bail at this stage, directing him to renew the bail prayer after the charge is framed. The petition was therefore dismissed.
Issues considered
- Whether bail should be granted to the petitioner under Sections 80 and 3(5) of the B.N.S. in a dowry‑death case.
- Whether the alleged suicide and the petitioner’s alibi preclude the grant of bail.
- Whether the petitioner’s status as husband and primary caretaker influences the bail decision.
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- bail
- dowry death
- suicide
- alibi
- Section 80
- Section 3(5)
- B.N.S.
- High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75535 of 2025
Arising Out of PS. Case No.-411 Year-2024 Thana- BANIAPUR District- Saran
======================================================
Vikash Prasad @ Bikash Prasad S/O Swaminath Prasad @ Swaminath Pd.
Resident of village- Karahi, P.S.- Baniyapur, Distt.- Saran
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Shambhu Lal Prasad S/O late Nagina Prasad R/O Vill.- Bagaura, P.s.-
Daraunda, Dist.- Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 16-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 80 and 3 (5) of B.N.S.
3. As per the prosecution case, petitioner and other killed
the daughter of the informant for non-fulfillment of demand of
dowry.
4. Learned counsel for the petitioner submits that the
petitioner has been made accused in this case only on account of the
fact that he happens to be husband of the deceased but the fact
remain that he was not even present at the place of occurrence rather
he was at Ahmedabad where he was posted and he came to Patna
only after getting an information about the death of the deceased.
Patna High Court CR. MISC. No.75535 of 2025(4) dt.16-02-2026
2/2
Further, it is also a fact that the death of the deceased was informed
to the informant by the father-in-law of the deceased who was also
subsequently granted bail by a co-ordinate Bench of this Court vide
order dated 26.09.2025 passed in Cr. Misc. No. 62978 of 2025
(Annexure-5). It has further been argued that the post mortem report
also shows the cause of death as asphyxia due to hanging and it is
actually a fact that on account of some dispute and matrimonial
discord the deceased had committed suicide and the petitioner is no
way involved in the said offence. Petitioner is in custody since
30.07.2025 and charge sheet has already been submitted.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and circumstances of
the case and also considering the fact that the petitioner is the
husband who is primarily responsible for the welfare of his wife as
such, this Court is not inclined to grant bail to the petitioner at this
stage.
7. However, the petitioner is directed to renew his prayer
for bail after framing of charge.
(Soni Shrivastava, J)
vashudha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.