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Patna High Court

Upendra KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                          2/2




                        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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