Created by Fuzzy Cloud

Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted to the petitioner at this stage.

Summary

Suraj Kumar was arrested in connection with the death of his wife, Chandni Kumari, alleged to be a dowry death under sections 80(2) and 3(5) of the BNS and section 3 of the Dowry Prohibition Act. The petitioner sought regular bail, claiming innocence, lack of prior criminal record, and that the FIR was vague and the post‑mortem indicated death by hanging. The informant opposed bail, highlighting ante‑mortem injuries, the victim’s advanced pregnancy, and the allegation that the husband was the main accused. The court examined the limited evidence, including a single private witness and three official witnesses, and found the circumstances did not justify regular bail. Consequently, the bail application was rejected, with a direction to the trial court to complete the trial within six months.

Issues considered

  • Whether regular bail can be granted to the accused in a dowry‑death case under the cited statutes
  • Whether the material on record, including the FIR and post‑mortem report, establishes a prima facie case against the petitioner
  • Whether the petitioner poses a risk of fleeing or tampering with evidence

Legislation cited

Subjects

  • bail
  • dowry death
  • regular bail
  • criminal procedure
  • post-mortem evidence
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89228 of 2025
                     Arising Out of PS. Case No.-43 Year-2025 Thana- Mathurapur District- Samastipur
                 ======================================================
                 Suraj Kumar Son of Rajendra Sah Resident of Village- Mathurapur Sonatola,
                 P.S.- Mathurapur, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Abhay Shanker Singh, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   18-02-2026                    Heard learned counsel for the petitioner, informant

                   and learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 80 (2), 3

                   (5) of the BNS and Section ¾ of the Dowry Prohibition Act.

                                3.      The case of the prosecution is that Chandni

                   Kumari (now deceased) was married with Suraj Kumar (the

                   petitioner herein) in the year, 2022. It is further alleged that the

                   deceased had informed the informant                      that she was being

                   subjected to cruelty on account of non-fulfillment of demand of

                   dowry. It is also alleged that on 08.05.2025, the deceased

                   informed the informant that she was being assaulted by her in-

                   laws and was being threatened with death. On 09.05.2025, the

                   informant was informed by the villagers that the deceased had
Patna High Court CR. MISC. No.89228 of 2025(3) dt.18-02-2026
                                            2/3




          been killed. Upon receiving this information, they reached the

          matrimonial house of the deceased.

                       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

          from a perusal of the First Information Report (FIR), it is clear

          that the nature of the allegation is general and omnibus. From

          the case diary, it would transpire that the petitioner and his

          family members had not fled away rather they were present at

          the house, which shows the conduct and their bona fides. It is

          further submitted that from a bare perusal of the post-mortem

          report, it would transpire that the doctor found a ligature mark

          on the neck of the deceased and opined that the cause of death is

          Asphyxia due to hanging.                   Moreover, the petitioner is

          languishing in judicial custody since 09.05.2025 having no

          criminal antecedent.

                       5. A report from the trial Court was also called for. A

          bare perusal of the report, it would transpire that only one

          private witness and three official witnesses are to be examined.

                       6. Learned counsel for the Informant has vehemently

          opposed the prayer of regular bail, submitting that from a

          perusal of the post-mortem report, it would transpire that the
            Patna High Court CR. MISC. No.89228 of 2025(3) dt.18-02-2026
                                                        3/3




                      doctor also found swelling at right parietal region of size (4x3)

                      c.m. and that the deceased was pregnant and in an advanced

                      stage at the time of death. It is further submitted that that there is

                      no clarification from the side of the petitioner as to how these

                      ante-mortem injuries were caused. It is further submitted that

                      the petitioner is a husband and the main thrust of theallegation is

                      against him.

                                   7. Considering the aforesaid facts and circumstances

                      of the case and the materials available in the case diary, I am not

                      inclined to extend the privilege of regular bail to the petitioner.

                      Accordingly, the bail application of the petitioner stands rejected

                      at this stage. However, he may renew his prayer for bail after

                      six months.

                                   8. Accordingly, the learned trial Court is hereby

                      directed to expedite the trial and conclude the same within a

                      period of six months.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.