Patna High Court
Upendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted in the present circumstances.
Summary
The petitioner, Upendra Kumar, was arrested in connection with a dowry‑death case (PS Tankuppa Case No. 182/2024) alleged under Sections 80 and 3(5) of the B.N.S. The prosecution alleges that he killed his wife for dowry, while the petitioner claims the deceased died by suicide after ingesting celphos. The petitioner’s counsel argued lack of criminal antecedent and presented a claim of false implication, whereas the informant’s counsel relied on a statement by a three‑year‑old child witness implicating the petitioner and his brother’s wife. The court considered the seriousness of the offence and the child’s testimony, and concluded that bail could not be granted at this stage. Consequently, the bail application was dismissed, with a direction that the petitioner may re‑apply if the trial is further delayed.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case under Sections 80 and 3(5) of the B.N.S.
- Whether the child witness’s statement is sufficient to justify denial of bail
- Whether the petitioner’s claim of suicide and lack of antecedents merit bail
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- bail
- dowry death
- child witness
- criminal procedure
- Section 80
- Section 3(5)
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81122 of 2025
Arising Out of PS. Case No.-182 Year-2024 Thana- TANKUPPA District- Gaya
======================================================
Upendra Kumar S/o Ramchandra Yadav R/o Village- Gewal Bigha, P.S.-
Tankuppa, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 21-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with
Tankuppa P.S. Case No. 182/2024 registered for the offences
punishable under Sections 80, 3(5) of B.N.S.
3. As per the prosecution case, petitioner is the
husband of the deceased and he is alleged to have killed the
deceased for demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case as the deceased
committed suicide by consuming poison (celphos). Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 12.06.2025. The petitioner undertakes to
Patna High Court CR. MISC. No.81122 of 2025(6) dt.21-04-2026
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co-operate in the case/ trial.
5. Learned counsel for the informant as well as
learned APP for the State have jointly opposed the prayer for
regular bail of the petitioner. Learned counsel for the informant
has taken this Court to para ‘41’ of the case diary which
contains the statement of a child witness aged about three years
who is the son of the petitioner and the deceased who has said
that the petitioner and his brother’s wife had killed the deceased.
Learned counsel for the informant further submits that the trial
has started and prosecution will examine all the witnesses.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed and
if the trial is still delayed by the prosecution, the petitioner may
renew his prayer for bail.
(Sandeep Kumar, J)
tusharika/-
U T
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