Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted to the petitioner, subject to monetary and surety conditions and compliance with appearance requirements.
Summary
The petitioner, Kundan Kumar, was arrested in connection with a dowry‑death case alleging that he and his family tortured and killed his wife for dowry demands. He contended that the allegations were vague, that his wife died by consuming poison and that the post‑mortem showed no external injuries, indicating suicide, and that he had no prior criminal record. The State opposed bail, citing the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act. The court examined the material in the case diary, the lack of specific overt acts against the petitioner, the post‑mortem findings, and the length of his custody since June 2025. Finding the evidence insufficient to deny bail, the court granted bail with a cash bond of Rs.15,000 and two sureties, subject to conditions of appearance and possible cancellation on default.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act.
- Whether the material on record, including post‑mortem report and witness statements, justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- false implication
- suicide
- post‑mortem
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80418 of 2025
Arising Out of PS. Case No.-174 Year-2025 Thana- HILSA District- Nalanda
======================================================
Kundan Kumar S/o Sohray Bind R/o Villaage- Sultanpur, P.S.- Hilsa, District-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Hilsa
P.S. Case No. 174 of 2025 instituted for the offences under
Sections 80(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 3, 4 of the D.P. Act.
3. Prosecution case, in short, is that the petitioner
alongwith the family members tortured and killed the deceased
for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is the husband of the deceased. Learned counsel for
the petitioner submitted that general and omnibus allegation has
Patna High Court CR. MISC. No.80418 of 2025(5) dt.20-02-2026
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been made against the petitioner. No specific overt act is
alleged against the petitioner. Learned counsel further submitted
that, as a matter of fact, the deceased herself consumed poison
due to which she died and this petitioner never tortured or
threatened her. Learned counsel further submitted that as per
post-mortem report, there is no external injury on the body of
the deceased and the cause of the death is kept reserved.
Charge-sheet has been submitted in this case and charge has also
been framed against the petitioner. Learned counsel further
submitted that as per the material available in the case diary,
several witnesses have supported the fact that deceased herself
committed suicide. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 10.06.2025 and
has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, material available in the case diary as also the
period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Patna High Court CR. MISC. No.80418 of 2025(5) dt.20-02-2026
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Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Hilsa P.S. Case No. 174 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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