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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail, holding that the presumption of guilt in dowry death cases and the seriousness of the allegations warranted continued detention.

Summary

The petitioner, Sonu Kumar, was arrested in connection with the alleged dowry death of his wife under Sections 80(2) and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. He applied for regular bail, claiming a clean antecedent, that he was not present at the scene, and that the informant (the victim's mother) and her son had become hostile during trial, even reaching a compromise. The State opposed bail, emphasizing that the victim died within seven years of marriage, invoking the statutory presumption against the husband and his family, and pointing to a post‑mortem report indicating death by strangulation. The court examined the bail submissions and the statutory presumption but found the prosecution's case sufficiently serious to justify continued detention. Consequently, the court rejected the bail application and ordered the matter to be sent to the trial court.

Issues considered

  • Whether bail can be granted to the accused in a dowry death case under the B.N.S. and Dowry Prohibition Act.
  • Whether the statutory presumption of guilt under dowry death provisions applies to the petitioner.
  • Whether the informant's hostility and alleged compromise affect the merit of the bail application.

Legislation cited

Subjects

  • bail
  • dowry death
  • presumption of guilt
  • Dowry Prohibition Act
  • B.N.S.
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8508 of 2026
                   Arising Out of PS. Case No.-59 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Sonu Kumar S/O Surendra Prasad Singh R/O Village- Fatehpur Wala Ward
                 No. 6, P.S- Mushrigharari, Distt.- Samastipur. (Bihar)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bindeswari Singh
                 For the Opposite Party/s :       Mr.Dilip Kumar No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   learned APP for the State.

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

                   offences punishable under Sections 80(2) and 3(5) of the B.N.S.

                   and Sections 3 and 4 of the D.P. Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is in custody since 10.07.2025 and is a person

                   with clean antecedent and the informant alleges that her

                   daughter was married to petitioner on 19.05.2024. Further, after

                   10 months of marriage the accused persons including the

                   petitioner started demanding dowry of Rs.5 Lacs and on account

                   of non-fulfilment of the demand the victim was tortured. On

                   10.05.2025, informant received an information that accused

                   persons have killed her daughter. Accordingly, she went to the
Patna High Court CR. MISC. No.8508 of 2026(2) dt.23-04-2026
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          place of occurrence and saw the dead body of her daughter

          lying, thus alleges that accused persons killed her daughter and

          thereafter hanged her dead body.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant being husband of the deceased. It is next submitted

          that no doubt victim died within seven years of marriage but

          then all deaths are not dowry death. It is also submitted that

          informant is not an eye witness to the occurrence and the entire

          allegations hinges around suspicion and even allegation of

          demand of dowry and torture is general and omnibus in nature.

          It is further submitted that charges have been framed and trial

          has commenced and the informant along with brother of the

          deceased have become hostile in the trial and a compromise has

          been entered in between the parties as such no useful purpose

          would be served by keeping the petitioner in jail. It is also

          submitted that petitioner at the time of occurrence was not

          present at the place of occurrence.

                       5. Learned A.P.P. vehemently opposes the bail

          application and submits that what is not dispute rather stands

          admitted is that victim died within seven years of marriage and

          the presumption in law is against the husband and his family
               Patna High Court CR. MISC. No.8508 of 2026(2) dt.23-04-2026
                                                            3/3




                         members. It is also submitted that it absolutely does not stand to

                         reason that how the informant who instituted the FIR became

                         hostile in the trial along with her son when the post mortem

                         report clearly records that the cause of death as cardio

                         respiratory      failure     due     to    strangulation   which   amply

                         demonstrates that the victim was strangulated to death.

                                      6. Considering the submissions made by the learned

                         A.P.P., the Court is not inclined to release the petitioner on bail

                                      7. The prayer of the petitioner for regular bail stands

                         rejected.

                                      8. Let a copy of this order be sent to the learned Trial

                         Court.



                                                    (Satyavrat Verma, J)
vikash/-

U          T


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