Patna High Court
Abhijit singh @ Bittu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The bail application was rejected.
Summary
The petitioner, Abhijit Singh, was charged under Sections 80(2) and 3(5) of the Bihar Narcotic Substances Act, 2023, for the alleged death of his wife, who committed suicide within seven years of marriage. He applied for bail, claiming a clean antecedent and asserting that he had called emergency services and that no dowry demand or torture was alleged during the five‑year marriage. The State opposed bail, relying on the statutory presumption that a husband may have created conditions leading to a dowry‑related death and highlighting the petitioner’s alleged intoxicated state at the scene. The court examined the supplementary affidavit and the investigation report, finding the presumption and the circumstances sufficient to deny bail. Consequently, the bail application was rejected.
Issues considered
- Whether bail should be granted to the petitioner under Sections 80(2) and 3(5) of the BNS, 2023 in view of the statutory presumption in dowry‑death cases
- Whether the petitioner’s alleged conduct at the time of the incident justifies denial of bail
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- presumption of guilt
- suicide
- intoxication
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77683 of 2025
Arising Out of PS. Case No.-92 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Abhijit singh @ Bittu Singh S/O Vijay Singh R/O Village- Khiriyaghat,
Thana- Bairiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 18-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 80(2) and 3(5) of the BNS,
2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent.
4. It is next submitted that no doubt the wife of the
petitioner died within seven years of marriage, but then the wife
committed suicide. It is also submitted that allegation of demand
of dowry and torture is alleged, but then the marriage of the
deceased with the petitioner was performed in the year 2020 and
the instant FIR came to be instituted in the year 2025 and in
these five years, no case ever came to be instituted either by the
Patna High Court CR. MISC. No.77683 of 2025(5) dt.18-03-2026
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informant or the deceased alleging demand of dowry and
torture. It is next submitted that no doubt some differences had
arisen in between the petitioner and the deceased, but then
differences were not of such magnitude that led to deceased to
end her life. It is also submitted that petitioner had called 112
informing about the death of his wife who had committed
suicide by hanging, which also get corroborated by the
postmortem report. It is also submitted that petitioner is in
custody since 15.03.2025 and the charges against the petitioner
have been framed.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner and submits that what is not in dispute
rather stands admitted is that wife of the petitioner died within
seven years of marriage, as such, presumption in law is also
against the petitioner. It is further submitted that even if the wife
of the petitioner committed suicide then it can be safely alleged
that petitioner being husband created conditions conducive for
the victim to take the extreme step of ending her life. It is also
submitted that during the course of investigation, it also
transpired that petitioner never called 112, further when the
Investigating Officer of the came at the place of occurrence,
after the occurrence was committed, the petitioner was found
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present at the house in an intoxicating condition with his three
years old child and was arrested, on which the learned counsel
appearing on behalf of the petitioner submits that a
supplementary affidavit has been filed wherein it has been
specifically pleaded that petitioner had called Bairiya P.S. at
10:00 AM on 14.03.2025, on which the learned APP submits
that the same is an aspect of investigation and cannot be a
ground for releasing the petitioner on bail.
6. After hearing the learned counsel for the parties,
the Court is not inclined to release the petitioner on bail.
7. Accordingly, the instant bail application stands
rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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