Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 201, 302, 304B, 34
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
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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
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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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