Patna High Court
Manish Kumar @ Golu @ Manish Kumr GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
In the absence of material showing an unnatural death, the petitioner is entitled to bail under Section 480(3) of the B.N.S.S.
Summary
Manish Kumar was arrested in connection with a dowry‑death case (Obra PS Case No.202 of 2025) under Section 80(2) read with Section 3(5) of the B.N.S., 2023. The prosecution alleged that Kumar and his family caused the death of the informant’s daughter, who was also Kumar’s wife. Kumar’s counsel argued that the post‑mortem and viscera reports showed no foul play and that the death resulted from liver disease, contending that he was falsely implicated. The informant’s counsel pointed to an abrasion on the jaw of the deceased as evidence of murder. The court, noting the lack of material indicating an unnatural death, the petitioner’s custody duration, and the filing of the chargesheet, granted bail subject to conditions under Section 480(3) of the B.N.S.S. and required sureties. The bail order required a personal surety, attendance in court as directed, and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether the evidence establishes that the death was unnatural and qualifies as a dowry death under Section 80(2) read with Section 3(5) of the B.N.S., 2023.
- Whether the petitioner is entitled to bail in view of the circumstances of the case.
Legislation cited
- B.N.S., 2023 — s. 3(5), 80(2)
- B.N.S.S. — s. 480(3)
Subjects
- dowry death
- bail
- Section 80
- Section 480
- false implication
- post‑mortem report
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84339 of 2025
Arising Out of PS. Case No.-202 Year-2025 Thana- OBRA District- Aurangabad
======================================================
Manish Kumar @ Golu @ Manish Kumr Gupta Son of Bindu Prasad @
Bindu Prasad Gupta @ Bindu Kumar Gupta, Resident of Village- Obra, PS-
Obra, Dist - Aurangabad.
... ... Petitioner
Versus
1. The State of Bihar.
2. Santosh Prasad son of Nandu Prasad, Resident of Village- Arai, PS-
Daudnagar, Dist- Aurangabad.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Aryan Singh, Advocate
For the State : Ms. Nirmala Kumari, APP
For the Informant : Mr. Suraj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Obra P.S. Case No. 202 of 2025 dated
05.06.2025, registered for the offence punishable under Section
80(2) read with Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the allegation
against the petitioner who was married with the daughter of the
informant is that he and his family members committed dowry
death of the daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. The post-mortem report did not show any cause
Patna High Court CR. MISC. No.84339 of 2025(4) dt.11-02-2026
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of death and opinion was reserved till receipt of viscera report.
However, even in viscera report, no foul play was found. He
further submits that the daughter of the infomant died due to
liver disease and the petitioner and his family members have
falsely been implicated in the present case. Even in the post-
mortem report, no external or internal life threatening injury was
found. Learned counsel next submits that petitioner is having
antecedent of one case and chargesheet has been submitted.
Learned counsel lastly submits that petitioner is in custody since
05.06.2025.
5. Learned A.P.P. appearing on behalf of the State
as well as learned counsel for the informant oppose the
submissions made on behalf of the petitioner. Learned counsel
for the informant submits that one abrasion was found below the
jaw of the deceased and it shows that she was murdered.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of material to show unnatural death of the daughter of
the informant and further considering the petitioner’s period of
custody and submission of chargesheet, the petitioner, above-
named, is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
Patna High Court CR. MISC. No.84339 of 2025(4) dt.11-02-2026
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sureties of the like amount each to the satisfaction of learned
Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad /
concerned Court, in connection with Obra P.S. Case No. 202 of
2025, subject to the condition laid down under Section 480(3) of
the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three 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.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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