Patna High Court
Piku Bind @ Pikku Bind @ Tinku BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Given the informant’s admission of suicide, the lack of poison in the forensic report, and the petitioner’s clean record, bail was granted.
Summary
The petitioner sought bail in a case registered under sections 304B and 34 of the IPC for the alleged murder of an informant’s niece over a dowry demand. The petitioner contended that the deceased had taken poison voluntarily, that the informant’s statement under Section 164 CrPC admitted it was a suicide, and that the forensic report found no poison. The State opposed bail, arguing the seriousness of the dowry‑death charge. The court considered the informant’s recorded statement, the clean criminal record of the petitioner, and the absence of forensic evidence of poison, and concluded there was no risk of flight or tampering. Consequently, the court ordered the petitioner’s release on bail with a bond and sureties, subject to his presence in court and cooperation in the trial.
Issues considered
- Whether bail should be granted in a dowry‑death case under sections 304B and 34 IPC.
- Whether the informant’s statement under Section 164 CrPC and the forensic report negating poison affect the bail decision.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- IPC 34
- Section 164 CrPC
- forensic report
- suicide
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78252 of 2025
Arising Out of PS. Case No.-863 Year-2022 Thana- HILSA District- Nalanda
======================================================
Piku Bind @ Pikku Bind @ Tinku Bind S/O Bhushan Bind R/O Village-
Pakariya Bigha, P.S- Hilsa, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Prasad, Adv.
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Hilsa P.S. Case no.863 of 2022
registered under sections 304B and 34 of Indian Penal Code.
3. Allegation in the F.I.R is that petitioner along with
others are alleged to have killed the informant’s niece, due to
non-fulfillment of demand of dowry, by administering poison.
4. Learned counsel for the petitioner submits that the
allegations made in the FIR are not correct and as a matter of
fact, the deceased was not mentally stable and she had
consumed some poisonous substance and the knowledge of the
incident was given to the informant and cremation was also
performed in presence of informant and his relatives and it is
Patna High Court CR. MISC. No.78252 of 2025(4) dt.17-02-2026
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only thereafter the FIR was lodged. Further, the informant has
also been examined and her statement was recorded under
section 164 Cr.P.C., wherein he has admitted the fact that her
niece had committed suicide and as a consequence of the same,
he had instituted the FIR in a fit of anger. There is no external
injury and viscera report was preserved and FSL report was
subsequently received, which shows that no poison was
detected. The petitioner has no criminal antecedent and he is in
custody since 22.07.2025 and the case has not even been
committed to the court of session. As such, there is no
likelihood to conclude the same in the near future.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the fact and also considering the statement of
the informant recorded under section 164 Cr.P.C. coupled with
the fact that no poison had been found in the FSL report, the
petitioner is directed to be enlarged on bail in connection with
Hilsa P.S. Case no.863 of 2022 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court concerned
where the case is pending/successor Court, subject to the further
Patna High Court CR. MISC. No.78252 of 2025(4) dt.17-02-2026
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condition that the petitioner shall remain physically present in
the learned trial Court on each date and shall cooperate in the
trial and also co-operate in getting the charges framed, failing
which the learned Court concerned would be at liberty to cancel
the bail bond of the petitioner.
(Soni Shrivastava, J)
Harsh/-
U T
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