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Patna High Court

Suraj Kumar @ Suraj YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted and rejected the petitioner's application.

Summary

The petitioner, Suraj Kumar, sought regular bail in a case registered under Sections 85, 80 and 3(5) of the BNS, alleging that he was falsely implicated in the alleged dowry‑related death of his wife. The informant claimed the wife was tortured for dowry and subsequently strangulated, while the petitioner contended that the death was a suicide and that the informant was not an eyewitness. The State opposed bail, emphasizing the statutory presumption against the husband in dowry death cases and the seriousness of the injuries noted in the post‑mortem report. The court examined the allegations, the presumption under dowry death law, and the petitioner's clean antecedents, but found the prosecution's case sufficiently serious to deny bail. Consequently, the bail application was rejected.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 85, 80 and 3(5) of the BNS in view of the alleged dowry death.
  • Whether the statutory presumption against the husband in dowry death cases applies despite the petitioner's claim of suicide.
  • Whether the presence of antemortem injuries and the seriousness of the offence preclude the grant of regular bail.

Legislation cited

  • BNS — s. 3(5), 80, 85

Subjects

  • bail
  • dowry death
  • presumption against husband
  • suicide
  • criminal procedure
  • Sections 85, 80, 3(5) BNS
  • husband
  • post‑mortem

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8138 of 2026
                         Arising Out of PS. Case No.-229 Year-2025 Thana- Marnga District- Purnia
                 ======================================================
                 Suraj Kumar @ Suraj Yadav S/o Mukesh Yadav @ Mantu Resident of
                 Village- Maranga, P.S.- Maranga, District- Purnea
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :        Ms. Sharda Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of the

                   informant.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 85, 80 and 3(5) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody since

                   29.11.2025 and the informant alleges that his daughter was

                   married to the petitioner on 07.05.2021 and after one year of

                   marriage, the accused persons including the petitioner started

                   assaulting and torturing the victim for dowry. It is further alleged

                   that the victim used to convey about the torture being meted out to

                   her and when the informant confronted the accused persons, the

                   accused persons sought forgiveness. It is next alleged that on

                   01.07.2025, petitioner, from his mobile, called at 09:28 a.m. and
Patna High Court CR. MISC. No.8138 of 2026(2) dt.23-04-2026
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          informed that the victim committed suicide, accordingly, the

          informant reached the place of occurrence and saw the dead body

          of his daughter lying, thus, alleges that the victim was strangulated

          to death.

                       4. Learned counsel for the petitioner submits that

          petitioner, being the husband of the deceased, has been falsely

          implicated in the instant case by the informant. It is further

          submitted that informant is not an eyewitness to the occurrence

          and allegation of demand of dowry and torture is general and

          omnibus in nature. It is next submitted that the victim committed

          suicide.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant vehemently opposes the

          prayer for regular bail of the petitioner. Learned counsel appearing

          on behalf of the informant submits that from perusal of the

          allegation as alleged in the FIR, it would manifest that the

          informant specifically alleges that after one year of the marriage,

          the accused persons including the petitioner started demanding

          dowry and on non-fulfillment of the demand, the victim was

          tortured and whenever the informant confronted the accused

          persons, they used to seek forgiveness. It is further submitted that

          from perusal of the order impugned, it would manifest that the

          same records based on the postmortem report that the injuries were
           Patna High Court CR. MISC. No.8138 of 2026(2) dt.23-04-2026
                                                       3/3




                     antemortem and dangerous to life in ordinary course of nature due

                     to pressure and compression of neck by ligature material after

                     suspending the body and the cause of death is asphyxia and venous

                     congestion due to antemortem hanging. It is next submitted that

                     what is not in dispute rather stands admitted is that the victim died

                     within seven years of marriage and presumption in law is against

                     the husband and his family members. It is also submitted that even

                     presuming what has been submitted by the learned counsel

                     appearing on behalf of the petitioner to be true that the victim

                     committed suicide in that event also it is the husband whose

                     responsibility is to ensure well being of his wife but then the

                     husband created condition conducive for the victim to take the

                     extreme step of ending her life.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the informant, the Court is not

                     inclined to release the petitioner on bail in connection with

                     Maranga P.S. Case No. 229 of 2025 pending in the Court of

                     learned Chief Judicial Magistrate, Purnea/Successor Court.

                                  7. Hence, the prayer for bail is rejected.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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