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Patna High Court

Monu Kumar @ Monu PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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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