Patna High Court
Raghubir Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, directing his release on a bond with sureties subject to statutory conditions.
Summary
The petitioner, Raghubir Kumar Das, was arrested in connection with a case alleging the death of an informant's daughter over a dowry demand for a four-wheeler vehicle. The petitioner contended that the death was a suicide committed by his wife, who was of short temperament, and not related to any dowry dispute. Independent witnesses recorded statements under Section 180 of the Bhartiya Nyaya Sanhita (BNSS) supporting the suicide theory, and the investigation had already been completed with a charge‑sheet filed. The State opposed bail, emphasizing the alleged dowry‑related nature of the death and the petitioner’s continued custody since July 2024. The Court, noting the doubtful nature of the suicide claim in the dowry context and the completed investigation, granted bail subject to a bond of Rs.10,000 and two sureties, applying the conditions of Section 437(3) CrPC and Section 480(3) BNSS. The order directed the petitioner’s release pending trial.
Issues considered
- Whether bail should be granted to the accused under Sections 80 read with 3(5) of the Bhartiya Nyaya Sanhita in a case involving alleged dowry‑related death.
- Whether the completed investigation and witness statements affect the assessment of flight risk or tampering risk for bail considerations.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 180, 3(5), 480(3), 80
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- dowry death
- suicide
- independent witness
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
- Section 80 BNSS
- Section 437(3) CrPC
- Section 480(3) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78840 of 2025
Arising Out of PS. Case No.-399 Year-2024 Thana- BIDUPUR District- Vaishali
======================================================
Raghubir Kumar Das, Son of Vinod Das, R/o Village-Rahimapur, P.S.-
Bidupur, District- Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Bidupur P.S. Case No.399 of 2024 registered for the
offences punishable under Sections 80 read with 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’).
3. The accused/petitioner is named in the FIR and is
in custody since 20.07.2024.
4. Allegation against petitioner is to cause death of
daughter of informant along with family members/co-accused
persons due to non-fulfilment of demand of dowry as raised for
a four wheeler vehicle. Petitioner is the husband.
5. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.78840 of 2025(3) dt.25-02-2026
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petitioner that the deceased wife of the petitioner was a lady of
short temperament and out of temperamental issue, she
committed suicide. It is submitted that suicide was not made in
connection with dowry demand and in support of this
submission, learned counsel has drawn attention of this Court
towards paragraph nos. 73 and 74 of the case diary, where the
statement of independent witnesses appears recorded under
Section 180 of the BNSS, where they stated that as petitioner
has refused to accompany victim for visit of local/village fair on
motorcycle and said her to go with Auto, she committed suicide
on the date, which was her marriage anniversary i.e.
18.07.2024.
6. While concluding argument, it is submitted that
investigation of this case is already completed long back and
charge-sheet has already submitted and, therefore, the
chances of tampering of witnesses is now no more available.
7. Learned APP while opposing the prayer of bail
submitted that the daughter of the informant committed
suicide within four corners of matrimonial home and same took
place within one year of her marriage with the petitioner.
8. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.78840 of 2025(3) dt.25-02-2026
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taking note of fact as in view of the statement of independent
witnesses as discussed aforesaid, the occurrence of suicide
prima facie appears doubtful in the background of dowry
demand, coupled with the fact that investigation of this case is
already completed, where petitioner remains in custody since
20.07.2024 and as trial of this case is not likely to conclude in
near future, accordingly, the petitioner, above-named, is
directed to be released on bail furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate-1st Class-cum-Additional Munsif-1st, Vaishali at
Hajipur in connection with Bidupur P.S. Case No.399 of 2024,
subject to the conditions as laid down under Section 437(3) of
the Code of Criminal Procedure (for short ‘CrPC’)/under
Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for
short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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