Patna High Court
Manish Kumar Gupta @ Manish GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner, subject to a bail bond and sureties.
Summary
Manish Kumar Gupta, the husband of a woman who died under suspicious circumstances, was charged under Sections 304‑B (dowry death) and 201/34 of the Indian Penal Code for allegedly participating in her murder and subsequent disposal of the body. The petitioner, who had been in custody since April 2024, sought regular bail, claiming innocence, a clean antecedent, and that he was falsely implicated merely because of his marital relationship to the deceased. The State and the informant’s counsel opposed the bail on the grounds of the grave nature of the offences and the framing of charges. The Court considered the seriousness of the accusations, the fact that charges had been formally framed, and the length of the petitioner’s detention. Concluding that bail could be granted despite the seriousness, the Court ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount. The order was directed to be complied with by the Additional Sessions Judge‑IXth, Gopalganj.
Issues considered
- Whether regular bail should be granted to the accused in a case involving alleged dowry death and murder under Sections 304‑B, 201 and 34 of the IPC.
Legislation cited
- Indian Penal Code — s. 201, 304-B, 34
Subjects
- dowry death
- bail
- IPC
- murder
- criminal procedure
- Section 304-B
- Section 201
- Section 34
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83211 of 2025
Arising Out of PS. Case No.-576 Year-2023 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Manish Kumar Gupta @ Manish Gupta S/O Rameshwar Prasad R/O Vill.-
Jalalpur, P.S- Kuchaikote, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner, learned
Additional Public Prosecutor for the State and learned counsel
for the informant.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 304-B and 201/34 of the
Indian Penal Code.
3. As per prosecution case, informant’s daughter was
married with this petitioner on 09.02.2019. After some time of
marriage she was subjected to torture by the accused persons for
non-fulfillment of demand of dowry and ultimately deceased
was murdered by in-laws including this petitioner. It is also
alleged that the accused persons cremated the dead body
without post-mortem in order to disappear the evidence.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.83211 of 2025(2) dt.30-01-2026
2/2
petitioner is innocent and has falsely been implicated in this
case because he happens to be husband of the deceased. Charges
have already been framed on 08.10.2025 against the petitioner.
Petitioner is in custody since 24.04.2024. Petitioner claims
clean antecedent.
5. Learned A.P.P. appearing on behalf of the State and
learned counsel for the informant vehemently opposed the
prayer for bail of the petitioner.
6. Considering the nature of accusation, framing of
charges and period of custody of the petitioner, his prayer for
regular bail is allowed. Let the petitioner, mentioned above, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Additional Sessions Judge-IXth, Gopalganj, in
S.T. No. 75 of 2025 arising out of Kuchaikote Police Station
Case No. 576 of 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
Checking your session…