Patna High Court
Arjun prasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Arjun Prasad, sought bail in a case registered under Sections 103(1), 80(2) and 3(5) of the B.N.S., alleging that his wife died by suicide within a year of marriage. The prosecution alleged that the petitioner and co‑accused Kavita Devi conspired to murder the informant's daughter by hanging her. The petitioner claimed innocence, stating there was no dowry demand, that the death was a suicide confirmed by post‑mortem, and that he had a clean antecedent and was only 22 years old. The State argued that the post‑mortem showed death by hanging and that specific allegations existed against the petitioner. Considering the petitioner’s age, clean record, period of custody, and the charge sheet already filed, the court ordered his release on bail with a bond of Rs.10,000 and specified conditions, including presence in court and a close relative as a bailor.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of the B.N.S. given the allegations of murder and dowry‑related death.
- Whether the post‑mortem report indicating suicide negates the prosecution’s claim of homicide for bail considerations.
- Whether the petitioner’s age, clean antecedent, and period of custody justify bail despite the serious nature of the charges.
Legislation cited
Subjects
- bail
- dowry death
- murder
- suicide
- postmortem
- anticipatory bail
- clean antecedent
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90038 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- Gadhiya Bazar District- East Champaran
======================================================
Arjun prasad S/O Late Jagdev Prasad @ Late Jagadev Prasad @ Late Jagadev
Bhagat Resident of village - Sawangiya, P.S- Garahiya Bazar, Dist.- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Garahiya Bazar P.S. Case No. 107 of 2025
registered for the alleged offences under Sections 103(1), 80(2)
and 3(5) of B.N.S.
03. As per prosecution case, the daughter of the
informant died in her matrimonial home within a year of
marriage. The petitioner is the husband of the deceased.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. From the FIR it is apparent that there is no demand of
dowry or torture related to the said demand., though the
allegation has been made that the petitioner was in illicit
Patna High Court CR. MISC. No.90038 of 2025(3) dt.20-02-2026
2/3
relationship with his sister-in-law (Bhabhi) and for this reason,
both of them committed the murder of the daughter of the
informant. Learned counsel further submits that, in fact, the
marriage of the petitioner and the deceased was out of a love
affair and the deceased was a hypersensitive lady and over some
minor issue she committed suicide. This fact is corroborated
from the postmortem report as no external injury was found and
the cause of death stated to be asphyxia due to hanging. Co-
accused Kavita Devi has been granted anticipatory bailby a Co-
ordinate Bench vide order dated 29.01.2026 passed in Cr. Misc.
No. 3899 of 2026. Learned counsel further submits that the
petitioner is aged about 22 years and he bears clean antecedent.
The petitioner is in custody since 26.06.2025 and charge sheet
has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that from the
postmortem report it is apparent that the death was due to
having and there is specific allegation against the petitioner and
co-accused Kavita Devi for killing the daughter of the informant
by hanging her.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.90038 of 2025(3) dt.20-02-2026
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period of custody of the petitioner, his age, clean antecedent and
submission of charge sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, Ist Class,
East Champaran, Motihari/concerned Court in connection with
Garahiya Bazar P.S. Case No. 107 of 2025, subject to the
conditions mentioned in Section 480(3) of B.N.S.S. and also the
following conditions :
(i) One of the bailors will be a close relative
of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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