Patna High Court
Arbind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Arbind Kumar, a constable, was charged under Sections 304B and 34 of the Indian Penal Code for allegedly killing his sister-in-law in a dowry dispute. The prosecution alleged that the accused demanded dowry and killed the victim, while the defense claimed the dowry demand was fabricated, the petitioner was on duty in Uttar Pradesh at the time, and the cause of death was hanging, not homicide. The petitioner also highlighted his clean antecedents and that he had been in custody since September 2025. The State opposed bail, citing the seriousness of the alleged dowry death. The High Court, after considering the alibi, clean record, and the need for bail in such cases, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding attendance and verification of antecedents.
Issues considered
- Whether bail can be granted in a case of alleged dowry death under Sections 304B and 34 IPC.
- Whether the petitioner’s alibi, clean antecedent, and service record justify bail despite the seriousness of the offence.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- Section 304B IPC
- Section 34 IPC
- alibi
- clean antecedent
- police constable
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85521 of 2025
Arising Out of PS. Case No.-692 Year-2023 Thana- ARA NAWADA District- Bhojpur
======================================================
Arbind Kumar Son of Kishori Thakur Resident of Mohalla - Gautam Nagar,
Godhana Road, Arrah, Police Station - Arrah (Nawada), District - Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumar Bibhakar Son of Awadh Kumar Sharma Resident of Mohalla -
Pakari, Police Station - Arrah (Nawada), District - Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Verma, Adv.
For the State : Mrs. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Arrah
(Nawada) P.S. Case No. 692 of 2023, dated 27.09.2023,
instituted for the offences under Sections 304(B)/34 of the I.P.C.
3. As per prosecution case, the informant has alleged
that on account of demand of dowry within seven years of
marriage, the accused persons have killed the sister of the
informant. It has been alleged that the named accused persons
had tied cloth on the mouth of the sister of the informant and
when he reached the place of occurrence he found her lying on
the bed.
Patna High Court CR. MISC. No.85521 of 2025(2) dt.06-01-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and the allegation of demand of dowry is
false and concocted. The petitioner is in the services of S.S.B.,
posted as constable and at the relevant time he was at Balrampur
(U.P.). It has further been submitted that even during course of
investigation it has come that petitioner was not present at the
time of occurrence and the post-mortem report clearly depicts
that the cause of death is asphyxia, due to hanging and ligature
mark does not follow on the neck shown (complete hanging). It
has lastly been submitted that petitioner has clean antecedent
and is in custody since 12.09.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and stated that the
wife of the petitioner died during seven years of marriage and
therefore, he should not been released on bail.
6. Considering the aforesaid submissions, the
petitioner above named, is directed to be released on bail on
furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned C.J.M., Bhojpur at Arrah in connection with Arrah
(Nawada) P.S. Case No. 692 of 2023, subject to the following
conditions:-
Patna High Court CR. MISC. No.85521 of 2025(2) dt.06-01-2026
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(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 two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of the same or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
pravinkumar/-
U T
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