Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail could not be granted as the nature and gravity of the dowry‑death accusation warranted denial of regular bail.
Summary
Santosh Kumar applied for regular bail in a case registered under Sections 80, 61(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act, alleging that he was falsely implicated in the dowry‑related death of his wife. The petitioner claimed innocence, stating that the deceased had committed suicide and that he never demanded dowry. The State opposed bail, emphasizing that the petitioner, as the husband, was specifically accused of killing the deceased over dowry demands. The court examined the seriousness of the allegations and the gravity of the offences. Considering the nature of the accusation, the court rejected the bail application, ordering the petitioner to remain in custody.
Issues considered
- Whether regular bail can be granted to an accused in a dowry‑death case under the Bharatiya Nyaya Sanhita and Dowry Prohibition Act
- Whether the seriousness and gravity of the alleged dowry‑related homicide justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 61(2), 80
- Dowry Prohibition Act — s. 3, 4
Subjects
- regular bail
- dowry death
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- high court
- bail rejection
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88211 of 2025
Arising Out of PS. Case No.-479 Year-2024 Thana- HILSA District- Nalanda
======================================================
Santosh Kumar Son of Sanjay Yadav Resident of Village- Agherapar
(Diripar), PS -Noorsarai District -Nalanda Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Hilsa P. S. Case No. 479 of 2024 registered for the offences
punishable under Sections 80, 61(2), 3(5) of the Bharatiya
Nyaya Sanhita and Sections 3/4 of the Dowry Prohibition Act.
3. As per F.I.R., marriage of the daughter of informant
was solemnized with this petitioner in the year 2024. It is
alleged that this petitioner along with other named accused
persons killed the daughter of informant due to non-fulfillment
of demand of dowry of gold chain.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
never demanded any dowry nor harassed the deceased. As a
Patna High Court CR. MISC. No.88211 of 2025(3) dt.11-03-2026
2/2
matter of fact, deceased herself committed suicide as she was
unhappy with this marriage, which was performed against her
will. Petitioner claims clean antecedent and is in custody since
28.05.2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner is husband of
the deceased and there is specific accusation that he along with
other accused persons killed her due to non-fulfillment of
demand of dowry.
6. Considering the nature of accusation and gravity of
the offence, prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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