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Patna High Court

Raghubir Kumar DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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