Patna High Court
Satish Kumar @ GudduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner.
Summary
Satish Kumar was arrested in a dowry‑death case under Sections 80, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, being the husband of the deceased who allegedly committed suicide due to an illicit relationship, and that no specific dowry demand was made against him. The charge‑sheet had been filed and charges framed, but the trial had not yet commenced, and the petitioner had been in custody since 3 March 2025 with no prior criminal record. The State opposed bail, while the petitioner’s counsel argued that the circumstances did not warrant continued detention. Considering the lack of specific dowry demand, the petitioner’s clean antecedent, and the period already spent in custody, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case under the Bharatiya Nyaya Sanhita, 2023, given the facts of false implication and lack of specific dowry demand.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80, 85
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78816 of 2025
Arising Out of PS. Case No.-15 Year-2025 Thana- DUMARIYA District- Gaya
======================================================
Satish Kumar @ Guddu S/o Suresh Prasad R/o Village- Mataha, PS-
Dumariya, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with S.Tr.
No. 504 of 2025 arising out of Dumariya P.S. Case No. 15 of
2025 instituted for the offences under Sections 80, 85, 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution story, in short, is that the petitioners
along with other family members have killed the deceased for
non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that
petitioner has falsely been implicated in the present case.
Petitioner is the husband of the deceased. There is general and
omnibus allegation against these petitioner. Learned counsel
further submitted that there is no specific allegation of demand
Patna High Court CR. MISC. No.78816 of 2025(3) dt.06-02-2026
2/2
of dowry against this petitioner. He further submitted that in
fact, victim was not happy with the matrimonial relationship and
she had illicit relationship with other person so committed
suicide. He further submitted that Chargesheet has been
submitted and charge has been framed. The trial has not been
started yet. It has been submitted on behalf of the petitioner that
the petitioner is in custody since 03.03.2025 and have no
criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with S.Tr. No. 504 of
2025 arising out of Dumariya P.S. Case No. 15 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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