Patna High Court

Pintu KumarversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court allowed the petition for bail and ordered the petitioner’s release on bond.

Summary

The petitioner, Pintu Kumar, sought bail in a dowry death case where he was accused under Sections 103, 80 and 3(5) of the B.N.S. The prosecution alleged that the deceased's marriage was followed by harassment and eventual murder due to dowry demands, implicating several accused including the petitioner, who is the deceased's brother‑in‑law. The petitioner argued that he is innocent, has no criminal record, and that the FIR does not contain any specific overt act against him, describing the accusation as general and omnibus. The State opposed the bail, citing the seriousness of the offence. The court considered the lack of specific allegations, the petitioner’s clean antecedents, and the length of custody, and decided to grant bail on a bond of Rs. 10,000 with two sureties. Consequently, the petitioner was ordered to be released on bail.

Issues considered

Whether bail should be granted to the petitioner accused under Sections 103, 80 and 3(5) of the B.N.S. in a dowry death case
Whether the general and omnibus nature of the accusation and absence of specific overt acts against the petitioner justify bail
Whether the petitioner’s clean antecedents and period of custody warrant the grant of bail

Legislation cited

B.N.S. — s. 103, 3(5), 80

Subjects

bail
dowry death
section 103
omnibus accusation
clean antecedents
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87208 of 2025
                 Arising Out of PS. Case No.-11 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Pintu Kumar S/o- Bhushan Rai Village- Keota PS- Dalsigsarai, Dist-
                 Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Surya Narayan Roy, Advocate
                 For the Opposite Party/s :      Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

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

                   offence punishable under Sections 103, 80 and 3(5) of the

                   B.N.S..

                                3 . It is a case of dowry death. As per prosecution

                   case, informant alleged that marriage of his daughter was

                   solemnized with co-accused Vikash Kumar as per Hindu rites

                   and rituals and thereafter, all the F.I.R. named accused persons,

                   including this petitioner, committed torture and harassment with

                   the victim due to non-fulfillment of demand of dowry and

                   subsequently, all the accused persons committed murder of the

                   victim.
Patna High Court CR. MISC. No.87208 of 2025(2) dt.27-01-2026
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                  4. It is submitted by learned counsel for the petitioner that

          petitioner is quite innocent and has committed no offence. From

          bare perusal of the F.I.R. it is apparent that informant is not an

          eye witness to the occurrence. Petitioner has falsely been

          implicated in this case merely because he happens to be

          brother-in -law of the deceased. Petitioner is separate in mess

          and property and has got no concern with the affairs of the

          deceased and her husband. Allegation of demand of dowry is

          general and omnibus and no specific accusation of overt act has

          been alleged against this petitioner. Thrust of accusation is

          against husband of deceased who is already in custody . As a

          matter of fact, the deceased, who was mother of three children ,

          committed suicide . Moreover, charge-sheet has already been

          submitted and petitioner, having no criminal antecedents, is in

          custody since 06.03.2025 .

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

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, clean

          antecedents and period of custody, the prayer for grant bail of to

          the petitioner is allowed.
            Patna High Court CR. MISC. No.87208 of 2025(2) dt.27-01-2026
                                                        3/3




                                   7. Accordingly, let the above named petitioner be

                      released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction of learned District and Additional Sessions Judge

                      Dalsingsarai,       District-     Samastipur         in   connection   with

                      Dalsingsarai P.S. Case No. 11 of 2025 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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