Patna High Court
Jitendar Kumar @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted bail to the petitioner subject to stringent conditions.
Summary
The petitioner, Jitendar Kumar, is in judicial custody for alleged dowry death under IPC Sections 304B and 34 and the Dowry Prohibition Act. The prosecution alleges he poisoned his wife after she could not bear children, leading to her death during transport to Patna. The petitioner filed a second bail application, asserting he has no criminal antecedents, will appear for trial, and will not tamper with witnesses. The State opposed bail, citing his role as husband and the seriousness of the offence. Considering the facts, the court granted bail with a Rs.10,000 bond and multiple conditions to ensure his appearance and prevent witness interference.
Issues considered
- Whether bail should be granted to an accused in a dowry death case under IPC 304B/34 and the Dowry Prohibition Act.
- Whether the petitioner poses a risk of influencing witnesses or committing further offences if released on bail.
- Whether imposing strict conditions can sufficiently safeguard the trial process.
Legislation cited
- Dowry Prohibition Act
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- Section 34
- Dowry Prohibition Act
- judicial custody
- witness tampering
- criminal trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77989 of 2025
Arising Out of PS. Case No.-5 Year-2024 Thana- Kavaiya District- Lakhisarai
======================================================
Jitendar Kumar @ Jitendra Kumar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amritesh Kumar, Adv.
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 10-04-2026 Heard Mr. Amritesh Kumar, learned counsel for the
petitioner and the State.
2. The petitioner is in judicial custody in connection
with Kabaiya P.S. Case No. 5 of 2024 for the offences
punishable under Sections 304(B)/34 of the IPC and ¾ of the D.P.
Act, lodged on 01.03.2024 by the informant, Vikash Prasar.
3. As per the prosecution story, the informant alleged
that the marriage of her daughter was solemnized on 16.02.2022
but was always tortured for dowry and when they came to know
that she cannot become mother, was killed by administering
poison which led to the FIR.
4. The petitioner is the husband, earlier moved before
this Court in Cr. Misc. No. 56540 of 2024 of 2024 which came
to be dismissed on 19.11.2024.
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5. This is the second bail application. A report was
called for from the learned Trial Court and the report dated
06.03.2026 shows that charges have been framed and two out of
six witnesses have been examined.
6. Learned counsel for the petitioner submits that the
marriage took place in the year 2022 and even after treatment,
when she came to know that the lady cannot become mother,
went into depression. She was treated by the husband at
Lakhisarai and Annexure-P/3 is testimony to it.
7. The fact remains that under depression, she
consumed poison, was immediately taken by the husband-
petitioner to the local nursing home on 27.02.2024 where she
was under treatment for two days and later, on 29.02.2024, the
Doctor asked them to move to Patna for better treatment as the
condition was not improving.
8. While moving on Ambulance from Lakhisarai to
Patna (details of the Ambulance is also on record), the lady
breathe her last on way.
9. The submission is that he is ready to face the trial,
is in custody since 11.03.2024 (immediately after the
occurrence), shall diligently appear in trial and failure to do so,
the Trial Court can take immediate steps for cancellation of the
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bail bond. Further, if granted relief, he shall in no way, indulge
in any activity to influence the witnesses and again if he does,
the State will be free to take immediate steps for the
cancellation of the bail bond.
10. Learned APP opposes the prayer for bail
submitting that he is the husband and trial is on.
11. Considering the submissions of the parties as also
the facts that have been recorded, the petitioner do not have
criminal antecedent and is in custody since 11.03.2024 and an
undertaking has been given that he shall diligently appear in
trial and shall in no way, indulge in any activity to influence the
witnesses, in that background, this Court is inclined to extend
him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
of like amount each to the satisfaction of learned District and
Additional Sessions Judge-II, Lakhisarai in connection with
Kabaiya P.S. Case No. 5 of 2024 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
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(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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