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Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied, with the petitioner permitted to re‑apply after six months if the trial is not concluded.

Summary

The petitioner, Rupesh Kumar, sought bail in a case (S.Tr. No. 983 of 2024) involving alleged murder of his wife, Bibha Kumari, under IPC Sections 302, 304B, 201 and 34. The prosecution alleges that the deceased was strangled after her in‑laws failed to meet a dowry demand of Rs. 1 lakh, while the defence contends there was no dowry demand and that the death resulted from a fall from height, supported by a supplementary affidavit. The post‑mortem report, however, documents ante‑mortem injuries and ligature marks consistent with asphyxia due to throttling, contradicting the defence’s theory. The court examined the conflicting medical evidence and the seriousness of the charges, noting the petitioner’s role as the husband. Concluding that the bail request could not be entertained at this stage, the judge denied bail but allowed the petitioner to re‑apply after six months if the trial remained pending, and directed the trial court to expedite the trial.

Issues considered

  • What is the appropriate decision on the bail application for the accused in a murder‑dowry death case?
  • Does the medical evidence of strangulation outweigh the defence’s claim of accidental fall?
  • Should the seriousness of the offences under Sections 302, 304B, 201 and 34 preclude bail at this stage?

Legislation cited

Subjects

  • bail
  • dowry death
  • murder
  • strangulation
  • IPC
  • criminal procedure
  • post‑mortem evidence
  • trial management

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89406 of 2025
                        Arising Out of PS. Case No.-274 Year-2024 Thana- RAHUI District- Nalanda
                 ======================================================
                 Rupesh Kumar Son of Late Satendra Raut Resident of village - Hussainpur,
                 P.S.- Rahui, District - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sudhir Kumar, Advocate
                 For the Opposite Party/s :        Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   25-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with S.Tr. No. 983 of 2024 arising out of Rahui P.S. Case

                   No.274 of 2024 registered for the offence punishable under

                   Sections 302, 304(B) & 201/34 of the Indian Penal Code.

                                3. The case of the prosecution, in short, is that the

                   daughter of the informant, namely Bibha Kumari (deceased)

                   was married to the petitioner on 29.05.2024. It has further been

                   alleged that she has been subjected to cruelty on non-fulfillment

                   of dowry demand of cash of Rupees One Lakh. On 21.05.2024

                   one Umesh Raut (Mukhiya of Bind Panchayat) disclosed that

                   the dead body of the deceased was lying in Rahui P.S. The

                   informant came to know that she has been killed by her in-laws
Patna High Court CR. MISC. No.89406 of 2025(4) dt.25-03-2026
                                            2/3




          after throttling.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that there was no demand of dowry. It

          has further been submitted that the learned counsel for the

          petitioner has filed a supplementary affidavit which will go to

          show that the deceased has fallen from some height and that is

          why the Doctor has opined that the deceased having swelling on

          both legs and both hand due to falling from height.

                       5. The application for bail is opposed by learned APP

          for the State. It has been submitted that from perusal of the post-

          mortem report it will transpire that the deceased has following

          ante-mortem injruies :-

                                  “Cyanosis of face present. Multiple
                                  bruise blackish red in colour over
                                  anteriro neck, left clavicle, below
                                  right angle of mandible found.
                                  Ligature mark horizontal in nature
                                  with multiple small bruise on both
                                  sides present in front of neck
                                  extending laterally on left side up
                                  to mid line of back of neck on the
                                  right side faint ligature mark
                                  presenmt extending from right
                                  sternocleidomastoid muscle up to
                                  back of neck posteriorly.”
                       The Doctor conducting the autopsy of the deceased
            Patna High Court CR. MISC. No.89406 of 2025(4) dt.25-03-2026
                                                        3/3




                      has opined that cause of death is asphyxia due to strangulation

                      and throttling.

                                   6. The defence which has been created by the learned

                      counsel for the petitioner that the deceased has jumped from a

                      height does not support the post-mortem report. Admittedly,

                      petitioner is that husband.

                                   7. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, I am not

                      inclined to grant bail to the petitioner at this stage, however, he

                      may renew his prayer for bail after six months if the trial is not

                      concluded.

                                   8. Learned trial court is directed to conclude the trial

                      within the period as mentioned above.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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