Patna High Court
Suresh KewatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the bail application, directing the petitioner’s release on bond with conditions.
Summary
The petitioner, Suresh Kewat, was charged under Sections 304B and 34 of the Indian Penal Code for allegedly demanding dowry and, when the demand was not met, strangling the informant's daughter to death. He has been in custody since 28 November 2022 and only one prosecution witness has been examined, while most private witnesses reside in Uttar Pradesh, causing trial delays. The petitioner claimed innocence, citing a clean antecedent and that his wife's death was due to disease, not foul play. The State opposed bail, emphasizing the seriousness of the alleged dowry death. Considering the prolonged custody, limited evidence, and difficulty in expediting the trial, the High Court granted bail on a bond of Rs. 10,000 with two sureties and imposed standard conditions, stating that the order's observations would not affect the trial.
Issues considered
- Whether bail should be granted in a case of alleged dowry death under Sections 304B and 34 of the IPC given the nature of the offence and the evidence before the court.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- Section 304B
- Section 34
- Indian Penal Code
- criminal procedure
- trial delay
- custodial period
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83947 of 2025
Arising Out of PS. Case No.-821 Year-2022 Thana- BAGHA District- West Champaran
======================================================
Suresh Kewat Son of Late Alha Kevat @ Alha Kewat Resident of Village-
Narainpur, Wad No. 10, P.S.- Pathakhaulia O.P., District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Milind Kumar Mishra, Adv.
For the Opposite Party/s : Mr.Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. This is the second regular bail application of the
petitioner. Earlier, the regular bail application of the petitioner
was disposed of by this Court vide order dated 08.05.2025
passed in Cr. Misc. No. 78758/2024.
3. The petitioner seeks bail in connection with S. Tr.
No. 803/2023 C.I.S. No. 247 of 2023 arising out of Bagaha P.S.
Case No. 821 of 2022 dated 25.11.2022 registered for the
offences punishable under Sections 304(B) and 34 of the B.N.S.
Act.
4. Allegation upon the petitioner is that he along with
other named accused persons were demanding Rs. 25,000/-
dowry and due to the delay in giving the same the petitioner
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along with others had strangulated the daughter of the informant
to death.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated as an
afterthought. It is further submitted by the learned counsel for
the petitioner that the wife of the petitioner died due to some
disease which could be ascertained by the inquest report in
which it is stated that the cause of death occurred due to some
disease. It has lastly been submitted that the petitioner has clean
antecedent and he is in custody since 28.11.2022 and till date
one prosecution witness has been examined.
6. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner and stated that the wife of the petitioner
was done to death within four days of the marriage at the house
of the petitioner.
7. Considering the aforesaid submission and taking
into account the fact that the petitioner is in custody since
28.11.2022 and only one prosecution witness has been examined
and the learned trial court has sent a report stating that the most
of the private witnesses are resident of Uttar Pradesh and the
Court is facing difficulty in concluding the trial expeditiously
and it has also been reported that out of total 9 charge-sheet
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witnesses only one that is the doctor who has been examined so
far, in view of the above, the petitioner is directed to be released
on bail on his furnishing bail bonds in the sum of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Court below where the case is
pending/successor court in connection with S. Tr. No. 803/2023
C.I.S. No. 247 of 2023 arising out of Bagaha P.S. Case No. 821
of 2022, subject to the following terms and conditions :-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
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the name of verification.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
9. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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