Patna High Court
Sunil SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sunil Singh, applied for bail in a case registered under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, alleging he killed his wife for dowry. The petitioner’s counsel argued that the deceased died by suicide, citing a ligature mark and a medical opinion that the death was due to hanging, and asserted that the petitioner was falsely implicated. The petitioner had been in custody since 2 January 2025, with charges framed but no witnesses examined. The court considered the post‑mortem report, the prolonged custody, and the delay in trial, and found the bail application justified. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita
- Whether the evidence of suicide and the delay in trial justify bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 108, 3(5)
Subjects
- bail
- dowry death
- homicide
- suicide
- postmortem report
- delay in trial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8008 of 2026
Arising Out of PS. Case No.-182 Year-2024 Thana- ISUAPUR District- Saran
======================================================
Sunil Singh S/o- Surendra Singh RO Village- Gamhariya PS- Isaupur District-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Chetna, Advocate
For the State : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Isuapur
P.S. Case No. 182 of 2024 registered for the offence punishable
under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita.
3. The petitioner is the husband of the deceased. He is
said to have killed the deceased for demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. She further submits that there is no external injury except
the ligature mark which supports the fact that the deceased has
committed suicide and the doctor has also opined that the
deceased has died due to hanging.
5. The petitioner is in custody since 02.01.2025 and
Patna High Court CR. MISC. No.8008 of 2026(3) dt.26-03-2026
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charges have been framed, however, no witness has been
examined.
6. Considering the postmortem report, the period of
custody and the delay in trial, this application is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge-XVII, Saran, Chapra/ concerned
Court in connection with Isuapur P.S. Case No. 182 of 2024.
(Sandeep Kumar, J)
P. Kumar
U T
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