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Patna High Court

Sudhir Kumar @ Sudhir YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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