Patna High Court
Amit Kumar @ Sumit Kumar @ Sumit RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted, directing the release of the petitioner on a bail bond with sureties.
Summary
The petitioners, Amit Kumar and co‑accused, applied for bail in a criminal miscellaneous case registered under Sections 304(B), 498A, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner is the husband of the deceased woman, who allegedly committed suicide by hanging. Counsel for the petitioner argued that the accused is innocent and has been falsely implicated, emphasizing the prolonged pre‑trial detention since 8 May 2024 and the framing of charges only on 7 February 2025. The court examined whether the nature of the offences and the period of custody justified continued detention. Considering the lengthy custody without trial and the lack of substantive evidence linking the petitioner to the alleged offences, the court ordered bail on a bond of Rs. 10,000 with two sureties of equal amount. The bail order was directed to be executed by the Additional Sessions Judge, Munger.
Issues considered
- What is the appropriate bail disposition for an accused held in custody for a prolonged period pending trial on charges under IPC and the Dowry Prohibition Act?
- Does the alleged suicide of the victim and the nature of the charges warrant denial of bail?
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304(B), 34, 498A, 504, 506
Subjects
- bail
- Indian Penal Code
- Dowry Prohibition Act
- pre‑trial detention
- suicide
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77889 of 2025
Arising Out of PS. Case No.-6 Year-2024 Thana- Kharagpur District- Munger
======================================================
Amit Kumar @ Sumit Kumar @ Sumit Raj S/o- Suresh Yadav Resident of
Village- Laliyadih, P.S. Haveli Kharagpur OP Shampur, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 304(B)/498A/504/506/34 of the Indian
Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.
3. The petitioner is husband of the deceased.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. As a matter of fact, the deceased committed suicide by
hanging. Petitioner is in custody since 08.05.2024. In this case,
charge has been framed on 07.02.2025.
5. Considering the period of custody, let the above
named petitioner be released on bail on furnishing bail-bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.77889 of 2025(2) dt.27-01-2026
2/2
each to the satisfaction of learned Additional Sessions Judge –
Munger / concerned Court in connection with S.T. No. 385 of
2024, arising out of Haveli Kharagpur (Shampur O.P.) P.S. Case
No. 06 of 2024.
(Prabhat Kumar Singh, J)
anay
U T
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