Patna High Court
Mohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Mohit Kumar, was arrested in connection with the alleged dowry death of his wife, Muskan Kumari, under Sections 80 and 3(5) of the B.N.S., 2023 (corresponding to IPC Sections 304B and 34) and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that the deceased was subjected to cruelty for a dowry demand of Rs.5 lakh and was poisoned by her in‑laws. The petitioner contended that he is innocent, that the FIR contains vague allegations, and that he and his family rushed the victim to hospital, indicating lack of culpability; the post‑mortem report showed only froth and facial blackening with no external injuries and the cause of death was not ascertained. The State opposed bail, but the court, after hearing both sides, found the circumstances insufficient to deny liberty and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to the ACJM‑IV, Nawada.
Issues considered
- Whether bail should be granted to the accused in a dowry death case under IPC Sections 304B and 34 and the Dowry Prohibition Act.
- Whether the allegations in the FIR and the post‑mortem findings justify continued detention.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- IPC 34
- Dowry Prohibition Act
- criminal procedure
- presumption of guilt
- post‑mortem
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80468 of 2025
Arising Out of PS. Case No.-294 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Mohit Kumar Son of Janardan Verma @ Janardan Prasad R/o Village- Simri
Gali, Warisaliganj, P.S.- Warisaliganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr. Shankar Kumar, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 30-01-2026 Heard Mr. N.K. Agrawal, learned senior counsel for
the petitioner and Ms. Sucheta Yadav, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Warisaliganj P.S. Case No. 294 of 2025 registered for the
offence punishable under Sections 80 and 3(5) of the B.N.S.,
2023 which is corresponding to Section 304B and 34 of the
Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition
Act.
3. The case of the prosecution in short is that the
deceased, namely, Muskan Kumari, was married to the
petitioner. It is alleged that she was subjected to cruelty on
account of non-fulfillment of the dowry demand of Rs. 5 lakhs.
Patna High Court CR. MISC. No.80468 of 2025(3) dt.30-01-2026
2/3
It is further alleged that all the in-laws have administered poison
to the deceased. The informant was informed by the in-laws of
the deceased that the deceased is ill. When the informant
reached the house of the deceased, he found the deceased lying
down, and froth was coming from her mouth and nostrils. The
informant suspects that the deceased has been killed by
administering poison.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that from
perusal of the FIR, it transpires that the nature of allegation is
general and omnibus. He also submits that the petitioner and his
family members took the deceased to the hospital, where she
died, which is evident from para-2 of the case diary. It has also
been submitted that from perusal of the postmortem report, it is
clear that on external examination, the doctor conducting the
autopsy of the deceased has found the following injuries: (i)
froth coming from nose (ii) Blackening of face and neck (iii) No
any other external injury was seen on the whole body. Learned
counsel for the petitioner also submits that though the cause of
death was not ascertained and the viscera was preserved but the
Patna High Court CR. MISC. No.80468 of 2025(3) dt.30-01-2026
3/3
bona fides of the petitioner are clear, as he and his family
members have rushed the deceased to hospital. If the poison
would have been administered by the petitioner, why should he
rushed the deceased to the hospital. Moreover, a statement has
been made in para 3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody
since 06.06.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.-IV, Nawada in connection with Warisaliganj P.S. Case
No. 294 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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