Patna High Court
Suraj BasforversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding insufficient grounds to justify continued detention.
Summary
Suraj Basfor was arrested in connection with the alleged murder of his wife, Babita Kumari, under sections 304(b) and 34 of the Indian Penal Code, alleged to be a dowry death. The petitioner sought regular bail after his anticipatory bail petition had been rejected, contending that he was innocent, had no criminal antecedent, and was not present at the time of the incident. The prosecution opposed the bail, but the informant (the deceased's father) testified that the petitioner had informed him of the death, that there was no dowry demand, and that the relationship was cordial, while the petitioner's wife also exonerated him. The court examined the lack of substantive evidence linking the petitioner to the crime and the informant’s contradictory statements. Considering these circumstances, the court granted regular bail on a bond of Rs.10,000 with two sureties, directing his release.
Issues considered
- Whether regular bail should be granted to an accused in a dowry death case under IPC sections 304(b) and 34.
- Whether the rejection of anticipatory bail precludes the grant of regular bail.
- Whether the statements of the informant and the petitioner's wife create reasonable doubt sufficient for bail.
Legislation cited
- Indian Penal Code — s. 304(b), 34
Subjects
- regular bail
- anticipatory bail
- dowry death
- IPC 304(b)
- IPC 34
- criminal procedure
- murder
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86956 of 2025
Arising Out of PS. Case No.-14 Year-2024 Thana- Maghopur District- Gopalganj
======================================================
Suraj Basfor S/O Late Ram Lakhan Basfor Resident of Village- Madhopur,
P.S.- Madhopur, Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rachna Rani, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 304(b)/34
of the Indian Penal Code.
3. The case of the prosecution, in short, is that the
daughter of the informant, namely, Babita Kumari was married
to Suraj Basfor (the petitioner herein). It is alleged that after
marriage, the deceased was subjected to cruelty on account of
non-fulfillment of demand of dowry of motorcycle and that she
was ultimately killed.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
Patna High Court CR. MISC. No.86956 of 2025(2) dt.12-01-2026
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earlier the anticipatory bail petition of the petitioner was
rejected vide order dated 23.04.2025 passed in Cr. Misc. No.
19526 of 2025. It is further submitted that during the course of
trial, the informant himself has not supported the prosecution
case and has categorically deposed that the petitioner had
informed him about the death of the deceased and that the
relationship between the deceased and the petitioner was
cordial. He was further stated that the deceased was never
subjected to cruelty, no demand of dowry was ever made and he
does not know how the deceased died. The informant further
stated that he was informed about the occurrence by the
villagers. It is further submitted that the wife of the petitioner
has also exonerated him from the allegation. It is contended that
at the time of the alleged occurrence, the petitioner was not
present at the place of occurrence. It is lastly submitted that the
petitioner is languishing in judicial custody since 15.01.2025
having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
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bail in connection with Sessions Trial No. 260 of 2025 arising
out of Madhopur P.S. Case No. 14 of 2024 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge – IX, Gopalganj
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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