Patna High Court
Tuddu Ram @ Tudu RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Tuddu Ram, sought bail in a case registered under Section 80 of the B.N.S. for the alleged dowry death of his wife, Leelavati Kumari. The prosecution alleged that the petitioner subjected his wife to cruelty, demanded a golden chain as dowry, and assaulted her, leading to her death. The petitioner contended that the death was a suicide by hanging, supported by the post‑mortem report which showed only a ligature mark and no other injuries, and asserted his innocence and lack of prior criminal record. The State opposed the bail application, arguing the seriousness of the alleged dowry‑death offence. After hearing both sides, the Court found the evidence insufficient to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate.
Issues considered
- Whether bail should be granted to the accused under Section 80 of the B.N.S. in a case alleged to involve dowry death versus suicide.
Legislation cited
- B.N.S. — s. 80
Subjects
- bail
- dowry death
- suicide
- Section 80
- criminal procedure
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87276 of 2025
Arising Out of PS. Case No.-93 Year-2025 Thana- KACCHWA District- Rohtas
======================================================
Tuddu Ram @ Tudu Ram, Son of Dipati Ram, Resident of Village - Bheriya,
P.S. - Kachhawa, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Varun Krishna Singh, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Kachhawa P.S. Case No. 93 of 2025 registered for the offence
punishable under Sections 80 of B.N.S.
3. The case of the prosecution, in short, is that Leelavati
Kumari (deceased) was married to this petitioner in year 2021. It is
further alleged that petitioner subjected the deceased to cruelty on
account of non-fulfillment of dowry demand of golden chain. The
petitioner is also a drunkard and used to assault the deceased. It is
alleged that a call was received regarding death of the deceased.
When the informant reached the matrimonial house of the
deceased, he found that his daughter was lying dead.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.87276 of 2025(3) dt.03-02-2026
2/2
offence. He has been falsely implicated in this case. Actually, the
deceased has committed suicide and from perusal of the
postmortem report it will transpire that the doctor conducting
autopsy of the deceased has found only one antemortem injury i.e.
ligature mark and the cause of death is asphyxia due to hanging.
It has also been submitted that save and except the ligature mark,
no injury was found on the person of the deceased which goes to
show that the petitioner has not assaulted her. Petitioner is having
no criminal antecedent and he is languishing in judicial custody
since 23.04.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Bikramganj, Rohtas in connection with
Kachhawa P.S. Case No. 93 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…