Patna High Court
Monu Kumar @ Monu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Monu Kumar, who is in custody, applied for bail in a case registered under Sections 304(B), 201 and 34 of the Indian Penal Code, alleging that he murdered his wife and disposed of her body. He contended that his wife died of tuberculosis, that his confession was obtained by force, and that there was no prior dowry demand or complaint, asserting his innocence and clean antecedents. The State opposed bail, emphasizing the suspicious circumstances of the death, the lack of medical records, and the disposal of the body without family notification. The bench considered the seriousness of the offences, the marital relationship, and the mysterious nature of the death, and found the bail application untenable. Consequently, the bail petition was rejected and the application dismissed, though the petitioner was permitted to reapply for bail in the future.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged dowry death and evidence tampering under Sections 304B, 201 and 34 IPC.
Legislation cited
- Indian Penal Code — s. 201, 304B, 34
Subjects
- bail
- dowry death
- culpable homicide
- evidence tampering
- IPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90349 of 2025
Arising Out of PS. Case No.-168 Year-2024 Thana- JANDAHA District- Vaishali
======================================================
Monu Kumar @ Monu Paswan, Son of Bharat Paswan, Resident of Village -
Mukundpur Bhath, Police Station - Jandaha, District - Vaishali at Hajipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prakash Paswan, Son of Ram Babu Paswan, R/O Village - Kasturi Sarai,
P.S.- Harilochanpur (Patepur), District - Vaishali at Hajipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachin Kumar, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Jandaha P.S. Case No. 168 of 2024 (Sessions
Trial No.628 of 2025) registered for the offences punishable
under Sections 304(B), 201/34 of the Indian Penal Code.
3. The allegation against the petitioner is that he had
killed his wife and had thrown away her dead-body.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and in fact his
deceased wife was suffering from tuberculosis and on account
of such disease, she had died. It has further been submitted that
Patna High Court CR. MISC. No.90349 of 2025(3) dt.11-02-2026
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the confessional statement of the petitioner was taken by force
and no such statement was made by the petitioner before the
police. It has next been submitted that there was no previous
demand of dowry and no complaint whatsoever was ever made
by the deceased or her family members prior to the said
incident. It has also been submitted that the petitioner has been
made accused merely on presumption. It has lastly been
submitted that the petitioner carries clean antecedent and he is in
custody since 29.06.2024.
5. The learned A.P.P. has vehemently opposed the
prayer for bail and has stated that the conduct of the petitioner
being the husband of the deceased becomes doubtful, especially
for the fact that the victim, the wife of the petitioner, died on
account of some disease, he ought to have brought on record
some medical prescription to show she was undergoing any
treatment. It has also been submitted that the body of the wife of
the petitioner was also disposed off without informing the
family of the deceased wife.
6. Considering the aforesaid submission and taking
into account the fact that the petitioner happens to be the
husband and the death took place in mysterious circumstances, I
am not inclined to release the petitioner on bail for the present.
Patna High Court CR. MISC. No.90349 of 2025(3) dt.11-02-2026
3/3
7. Accordingly, the prayer for bail is rejected and the
application stands dismissed.
8. The petitioner may renew his prayer for bail as and
when advised.
9. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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