Patna High Court
Sumod Rai @ Suman Rai @ Suman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Sumod Rai, was arrested in connection with a dowry death case (PS Bidupur Case No. 405 of 2024) where he is alleged to have tortured and killed his wife for non‑fulfilment of dowry demands. He applied for bail, claiming he was falsely implicated, that no specific overt act was alleged against him, and that he has no prior criminal record. The State, represented by an APP, opposed bail, arguing that as the husband of the deceased, the petitioner bears the onus in a dowry death case. The court considered the seriousness of the allegation, the petitioner’s relationship to the victim, and the statutory provisions under the Bharatiya Nyaya Sanhita. Concluding that the circumstances did not warrant release, the court rejected the bail application.
Issues considered
- Whether bail should be granted to the husband of a deceased woman in a dowry death case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- dowry death
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78860 of 2025
Arising Out of PS. Case No.-405 Year-2024 Thana- BIDUPUR District- Vaishali
======================================================
Sumod Rai @ Suman Rai @ Suman Kumar Son of Kameshwar Rai Resident
of Village- Gopalpur, P.S.-Bidupur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
For the Informant : Mr. Hemant Ray, Advocate
Mr. Sharad Kumar Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard Mr. Sunil Kumar Singh, learned counsel for the
petitioner; Mr. Hemant Ray, learned counsel for the informant
and Mr. Choubey Jawahar, learned APP for the State. Perused
the case diary.
2. The petitioner seeks bail in connection with Bidupur
P.S. Case No. 405 of 2024, S.Tr. No. 500 of 2025 instituted for
the offences under Sections 80/3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. Prosecution case, in short, is that the petitioner
alongwith the family members tortured and killed the deceased
for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.78860 of 2025(3) dt.06-02-2026
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petitioner has falsely been implicated in the present case.
Petitioner is the husband of the deceased. Learned counsel for
the petitioner submits that general and omnibus allegation has
been made against the petitioner. No specific overt act is alleged
against the petitioner. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 05.02.2025 and
has no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for grant of bail to
the petitioner since the petitioner is the husband of the deceased,
the onus lies upon him in this case of dowry death and therefore,
the petitioner does not deserve to be released on bail.
6. Considering the aforesaid facts and circumstances
of the case as also the petitioner being the husband of the
deceased, this Court is not inclined to grant bail to the
petitioner.
7. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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