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Patna High Court

Sunil SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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