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Patna High Court

Abhijit singh @ Bittu SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.77683 of 2025(5) dt.18-03-2026
                                                        3/3




                      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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