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Patna High Court

Santosh Kumar @ Santosh Rai @ Santosh RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant anticipatory bail to the petitioner.

Summary

Santosh Kumar petitioned for anticipatory bail after learning that an FIR had been lodged against him under Section 80/3(5) of the Bihar Narcotic Substances Act, 2023, alleging his involvement in the death of his wife. The informant claimed that after their marriage the petitioner’s family demanded a buffalo, leading to the victim’s torture and eventual suicide by hanging on 1 September 2024. The petitioner argued that he was falsely implicated, was residing in Delhi at the time, and that the post‑mortem report indicated death by asphyxia due to hanging, suggesting suicide. The State contended that, as the husband, the petitioner bore a duty to protect his wife and could be held responsible for creating conditions that led to her suicide. After considering the submissions, the Court declined to grant anticipatory bail, finding the petition insufficient to merit such relief.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR.
  • Whether the petitioner can be held liable for the alleged suicide of his wife under Section 80/3(5) of the B.N.S., 2023.

Legislation cited

Subjects

  • anticipatory bail
  • suicide
  • marital duty
  • false implication
  • B.N.S. 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89305 of 2025
                    Arising Out of PS. Case No.-216 Year-2024 Thana- MANIYARI District- Muzaffarpur
                 ======================================================
                 Santosh Kumar @ Santosh Rai @ Santosh Ray S/O Late Satyananrayan Ray
                 R/O Village- Jagdishpur, P.S.- Maniyari, Distt.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Santosh Kumar
                 For the Opposite Party/s :       Mr.Dr. Indiwar Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   04-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 80/3(5) of B.N.S.,

                   2023.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and the informant

                   alleges that marriage of his daughter was solemnized with the

                   petitioner on 14.12.2019, after marriage, the accused persons

                   started demanding a buffalo and on account of non-fulfillment

                   of demand, the victim was tortured, it is next alleged that the

                   husband of the victim was living in Delhi and on the date of

                   occurrence, he instigated his family members against the victim,

                   further on 01.09.2024, he received an information that his
Patna High Court CR. MISC. No.89305 of 2025(4) dt.04-05-2026
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          daughter has been killed, accordingly, the informant came to the

          place of occurrence and came to know that the dead body had

          been taken to the cremation ghat, accordingly reached the

          crematorium when he saw police vehicle parked and dead body

          of the victim was taken for post-mortem.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner has been falsely implicated in

          the instant case by the informant, it is further submitted that

          form perusal of the allegation as alleged in the F.I.R., it would

          manifest that the same does not inspire confidence for the

          reason that the date of occurrence is 01.09.2024 and F.I.R. came

          to be instituted on 13.09.2024 when informant alleges that she

          had gone to the place of occurrence on 01.09.2024 itself, it is

          also submitted that petitioner was staying in Delhi and the

          informant alleges that on instigation of the petitioner, his family

          members might have committed the occurrence, it is next

          submitted that from post-mortem reports records, the cause of

          death as asphyxia as a result of hanging, which amply

          demonstrates that the victim commuted suicide.

                          5. Learned A.P.P. for the State and learned counsel

          for the informant oppose the prayer for anticipatory bail of the

          petitioner. Learned counsel for the informant submits that what
            Patna High Court CR. MISC. No.89305 of 2025(4) dt.04-05-2026
                                                        3/3




                      is not disputed rather stands admitted is that victim died. It is

                      also submitted that the victim died within seven years of

                      marriage as such in law also, the presumption is against the

                      husband and the family members, it is next submitted that

                      petitioner might not be present at the place of occurrence when

                      the occurrence is alleged to have taken but then petitioner being

                      husband made conditions conducive for the victim to take the

                      extreme step of ending her life, it is also submitted that it is the

                      primary duty of the husband to ensure well being of his wife and

                      if the wife was being tortured in his absence by his family

                      members, on account of which she committed suicide, in that

                      event also the responsibility of the petitioner as husband cannot

                      be ignored.

                                   6. After hearing the learned counsel for the parties,

                      and taking into consideration the submission made by learned

                      counsel appearing on behalf of the informant, the Court is not

                      inclined to extend the privilege of anticipatory bail to the

                      petitioner. Therefore, the prayer for bail of this petitioner is

                      rejected.




                                                                      (Satyavrat Verma, J)
sanjeev/-
U       T


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