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Patna High Court

Randhir Kumar @ Randhir SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail is denied at this stage as the petitioner, being the husband of the deceased, must first explain the circumstances of her death.

Summary

The petitioner, Randhir Kumar, sought bail in a case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, relating to the alleged dowry‑related death of his wife. The prosecution alleged that the deceased was killed by her in‑laws for non‑payment of dowry, while the post‑mortem indicated death by hanging. The petitioner claimed he was falsely implicated, had no criminal antecedents, and that the allegations against him were vague and omnibus. The State argued that, as the husband, the petitioner bears the onus of explaining the circumstances of his wife's death and that the post‑mortem supports the prosecution’s case. The court, finding the onus on the petitioner and the seriousness of the allegations, refused bail, directing the trial court to expedite the trial and allowing the petitioner to renew the bail application if the trial is not concluded within six months.

Issues considered

  • The petitioner’s entitlement to bail under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the husband, as the deceased’s spouse, bears the onus of explaining the death in a dowry‑death case.
  • The adequacy of the evidence, including the post‑mortem report, to justify bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • husband onus
  • Bharatiya Nyaya Sanhita
  • Section 80
  • Section 3(5)
  • post‑mortem report
  • expedited trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.84512 of 2025
                       Arising Out of PS. Case No.-125 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Randhir Kumar @ Randhir Singh S/o Surendra Singh R/o Village - Moriya,
                 P.S - Panapur, District - Saran


                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Chetna, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Panapur P.S. Case No. 125 of 2025 instituted for the offence

                   under Sections 80 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                           3.       Prosecution case in short is that daughter of the

                   informant has been done to death at her matrimonial house by

                   her in-laws due to non-fulfillment of the demand of dowry.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 13.04.2025. Petitioner

                   bears no criminal antecedent, as per disclosure made in

                   paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.84512 of 2025(3) dt.09-02-2026
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                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is the husband of the deceased. There is no

          specific allegation attributed to the petitioner, rather allegation is

          general and omnibus in nature. Postmortem report suggest the

          cause of death due to asphyxia as a result of hanging.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. It is

          fervently submitted that petitioner, being the husband of the

          deceased, bears the onus of explaining the circumstances

          leading to her death. It is next submitted that postmortem report

          corroborates the allegation levelled against the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case and taking into account the fact that petitioner, being

          the husband of the deceased, bears the onus of explaining the

          circumstances leading to her death, this Court is not inclined to

          grant bail at this stage. Prayer for bail is hereby rejected.

                  8.      The Trial Court is directed to expedite the trial as

          expeditiously as possible without any undue delay and

          unnecessary adjournments.

                  9.       However, petitioner will be at liberty to renew his

          prayer for bail, if the trial is not concluded within a period of six
               Patna High Court CR. MISC. No.84512 of 2025(3) dt.09-02-2026
                                                           3/3




                         months from the date of receipt/production of a copy of this

                         order.



                                               (Rudra Prakash Mishra, J)
rajkishore/-

U


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