Patna High Court
Dablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Dablu Kumar, husband of a woman who allegedly committed suicide by hanging, was charged under Sections 80, 238 and 3(5) of the Bihar Narcotic Substances Act and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner contended that he was in Delhi at the time of his wife's death and therefore could not have participated in the alleged offences. He has a clean antecedent record and has been in custody since 8 July 2025, with the charge sheet filed on 24 December 2025. The State, represented by an Additional Public Prosecutor, opposed the bail application, as did the informant’s counsel. After considering the circumstances, including the petitioner’s custody period and lack of prior record, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the Bihar Narcotic Substances Act and the Dowry Prohibition Act
- Whether the petitioner’s alibi of being in Delhi at the time of the deceased’s death negates the prosecution’s case
Legislation cited
- Bihar Narcotic Substances Act — s. 238, 3(5), 80
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry prohibition
- narcotic substances
- suicide
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79634 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- GHOSWARI District- Patna
======================================================
Dablu Kumar S/o- Surendra Yadav Resident of Village- Karara, W.No-10, PS-
Goshwari Disrict- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K.Agrawal, Sr.Adv.
Mr.Kumar Rajdeep
For the Opposite Party/s : Mr.Rajendra Singh, APP
Mr. Ashok Kr. Kashyap, Adv.for Informant
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 09-01-2026 Heard learned senior counsel for the petitioner,
learned A.P.P. for the State and learned counsel for the
informant.
2. The petitioner seeks bail in a case registered for
offence under Sections 80, 238, 3(5) of the B.N.S. and Sections
3, 4 of the Dowry Prohibition Act.
3. The petitioner is husband of the deceased.
4. Learned counsel for the petitioner submits that
during investigation, it has come that at the time of death of
deceased, this petitioner was in Delhi. As a matter of fact, the
deceased committed suicide by hanging herself. Charge has
been framed on 24.12.2025. Petitioner has got clean antecedent
and is in custody since 08.07.2025.
Patna High Court CR. MISC. No.79634 of 2025(4) dt.09-01-2026
2/2
5. Learned counsel for the informant vehemently
opposes the prayer for bail.
6. Considering the period of custody, let the above
named petitioner be released on bail on furnishing bail-bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned S.D.J.M., Barh at Patna in
connection with Ghoshwari P.S. Case No. 63 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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