Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
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
- BNS — s. 3(5), 80(2)
- Dowry Prohibition Act — s. 3
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
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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
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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
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