Patna High Court
Sudhir Kumar @ Sudhir YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to bail and ordered his release on bond.
Summary
Sudhir Kumar (also known as Sudhir Yadav) was arrested in connection with the alleged dowry‑related death of his wife, Shivarthi Kumari, under sections 80 and 3(5) of the BNS and section 3 of the Dowry Prohibition Act. The prosecution alleged that the in‑laws hanged the deceased on 1 January 2025 after she complained of dowry cruelty. The petitioner’s counsel argued that the FIR is vague, the post‑mortem shows only a ligature mark with no signs of struggle, and that the deceased likely committed suicide, also pointing to mobile‑phone location evidence that the petitioner was not present. The State opposed bail. Considering the lack of incriminating evidence and the possibility of suicide, the Court granted regular bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a dowry‑death case under sections 80 and 3(5) of the BNS and section 3 of the Dowry Prohibition Act.
Legislation cited
- BNS — s. 3(5), 80
- Dowry Prohibition Act — s. 3
Subjects
- bail
- dowry death
- suicide
- criminal procedure
- section 80 BNS
- section 3 Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8031 of 2026
Arising Out of PS. Case No.-1 Year-2025 Thana- JAMUI District- Jamui
======================================================
Sudhir Kumar @ Sudhir Yadav S/o Mahendra Yadav Resident of Village-
Lakhan Dhanma, P.S.- Jamui, District- Jamui, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Archana Sinha, Sr. Advocate
Mr. Alok Kumar Shahi, Advocate
Miss Nisha Kumari, Advocate
Mrs. Komal Raj, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 80 and 3
(5) of the BNS and Section ¾ of the Dowry Prohibition Act.
3. The case of the prosecution, in short, is that the
sister of the informant, namely Shivarthi Kumari (deceased),
was married to the petitioner in the year 2021. It is further
alleged that she was subjected to cruelty on account of non-
fulfillment of dowry demand. On 01.01.2025, it is alleged that
all the in-laws hanged the deceased.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.8031 of 2026(3) dt.11-03-2026
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petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
from perusal of the F.I.R., it is clear that the nature of allegation
is general and omnibus. From perusal of the post-mortem report,
it transpires that the doctor conducting the autopsy of the
deceased found a ligature mark, ½ inch wide present around the
neck above the thyroid cartilage. The knot mark was present on
the right side of the neck. Patecheal hemorrhage was present
around the ligature mark. No other ante-mortem injury was
found.
5. It has been submitted that if the story of the
prosecution is taken to be true and the lady was hanged by her
in-laws, there must have been some marks of resistance
resulting in injuries, which are not present in postmortem report.
6. It is further submitted that the deceased actually
committed suicide. It has also been submitted that from perusal
of the case diary, the location of the petitioner’s mobile phone
was found at a different place, which shows that the petitioner
was not present in the house at the time of the occurrence. In
any view of the matter, the case appears to be a case of suicide.
7. Learned APP for the State has vehemently opposed
the prayer for bail.
Patna High Court CR. MISC. No.8031 of 2026(3) dt.11-03-2026
3/3
8. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Jamui P.S. Case No. 01 of 2025 (S.Tr.
No. 431 of 2025) on furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge- VIII, Jamui.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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