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Patna High Court

Gulshan Kumar @ Gulsan MahtoversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused to grant bail to the petitioner.

Summary

The petitioner, Gulshan Kumar, was arrested in connection with a dowry death case (Sections 304B and 34 IPC read with Sections 3 and 4 of the Dowry Prohibition Act) concerning the death of his wife within seven years of marriage. He applied for bail, asserting a clean antecedent, claiming the allegations were vague, and contending that the death was a suicide by hanging, supported by the post‑mortem report. The State opposed bail, relying on the statutory presumption that the husband is liable in dowry death cases and arguing that the trial is ongoing with hostile witnesses. The court noted that the trial had commenced and that the presumption under the Dowry Prohibition Act weighed against granting bail. It also considered that the evidence of suicide did not negate the possibility of the husband having created conditions leading to the death. Consequently, the court rejected the bail application.

Issues considered

  • Whether bail should be granted to the accused in a dowry death case where the victim died within seven years of marriage.
  • Whether the statutory presumption under Sections 304B IPC and the Dowry Prohibition Act overrides the petitioner's claim of suicide.
  • Whether the stage of trial and hostile witnesses justify denial of bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • IPC 304B
  • presumption
  • suicide
  • trial stage
  • hostile witnesses

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86618 of 2025
                        Arising Out of PS. Case No.-30 Year-2024 Thana- Mohanpur District- Purnia
                 ======================================================
                 Gulshan Kumar @ Gulsan Mahto S/o Barun Mahto R/o Village- Shanti
                 Nagar, Nakdehari, Ward No.02, P.S- Mohanpur, Dist- Purnea.
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bhola Prasad
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-02-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Rabindra Kumar.

                             2.    The petitioner seeks bail in connection with

                   Mohanpur P.S. Case No. 30 of 2024 registered for the offences

                   punishable under Sections 304(B) and 34 of the Indian Penal

                   Code read with Section 3 and 4 of the Dowry Prohibition Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and is in custody

                   since 5-2-2025 and the informant alleges that his daughter was

                   married to petitioner about an year ago and was pregnant, next

                   alleges that on 12.05.2024 at 11 am, he received an information

                   that his daughter was killed by the accused persons including

                   the petitioner, accordingly he reached the place of occurrence

                   and also informed the police and accordingly the dead body was

                   taken to the hospital for postmortem.
Patna High Court CR. MISC. No.86618 of 2025(2) dt.27-02-2026
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                   4.       Learned counsel for the petitioner submits that

          petitioner, being husband, has been falsely implicated in the

          instant case. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          allegation of demand of dowry and torture is general and

          omnibus in nature. It is further submitted that informant is not an

          eye witness to the occurrence. It is also submitted that had the

          petitioner been involved in the occurrence, in that event, efforts

          would have been made to dispose of the dead body with a view

          to conceal evidence, but then the dead body was sent for

          postmortem and postmortem report records that the cause of

          death as asphyxia on account of hanging, it is thus submitted that

          the deceased committed suicide. It is next submitted that no

          doubt the death took place within seven years of marriage, but

          then all deaths are not dowry deaths and the petitioner was in

          Punjab when death occurred.

                   5.     Learned A.P.P., Sri Rabindra Kumar vehemently

          opposes the prayer for bail of the petitioner and submits what is

          not in dispute rather stands admitted is that daughter of the

          informant died within seven years of marriage and in law also

          presumption is against the husband and his family members. It is

          next submitted that whether the petitioner was present at the

          place of occurrence or was at Punjab at the time when the
            Patna High Court CR. MISC. No.86618 of 2025(2) dt.27-02-2026
                                                        3/3




                      occurrence is alleged to have taken place, is an aspect to be

                      adjudicated in the trial. It is also submitted no doubt the

                      postmortem report records that victim died on account of

                      asphyxia on account of hanging as such she committed suicide,

                      as is being submitted by the learned counsel appearing on behalf

                      of the petitioner, but then if the victim committed suicide that

                      amply demonstrates that petitioner being husband created

                      conditions conducive for the victim to take extreme steps of

                      ending her life.

                               6.     On query of the court with regard to the stage of

                      the case, the the learned counsel appearing on behalf of the

                      petitioner submits that trial has commenced and three witnesses

                      have been examined and they have turned hostile, on which the

                      learned APP submits that trial has commenced, as such the

                      petitioner be not released on bail, since trial is continuing.

                               7.     Considering the submission made by learned APP,

                      the Court is not inclined to release the petitioner on bail.

                               8.     Accordingly, the prayer for bail of the petitioner is

                      rejected.



                                                (Satyavrat Verma, J)
Sumit/-
U       T


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