Patna High Court
DIPU KUMAR @ DEEPU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court denied bail to the petitioner, finding the allegations serious enough to warrant continued custody.
Summary
Petitioner Dipu Kumar was arrested in connection with a case where the informant's daughter, Soni Kumari, was found dead and the petitioner injured after a rooftop incident. The prosecution alleges that the petitioner stabbed the daughter and then attempted suicide, while the petitioner claims innocence, asserting a love affair and a joint suicide attempt, and points out lack of incriminating material. The petitioner sought bail under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, having been in custody since March 2025 with a prior criminal antecedent. The State opposed bail, emphasizing the specific allegation of a knife attack. The Patna High Court, after considering the seriousness of the charge and the circumstances, declined to grant bail and directed the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged homicide and attempted suicide.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- bail
- criminal procedure
- attempted murder
- homicide
- section 103
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90651 of 2025
Arising Out of PS. Case No.-55 Year-2025 Thana- DAWATH District- Rohtas
======================================================
DIPU KUMAR @ DEEPU KUMAR S/o Vimal Pal Resident of Village-
Mandhura, Police Station- Garahani, District- Bhojpur at Arra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Dawath P.S. Case No. 55 of 2025, instituted for the offences
punishable under Section 103(1) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that the informant
found his daughter critically injured and bleeding on the rooftop
of their house, along with the petitioner. Both were taken to the
hospital, where Soni Kumari was declared dead, while the
petitioner was admitted with injuries. It is alleged that the
petitioner killed Soni Kumari with a knife and then attempted to
commit suicide by injuring himself.
Patna High Court CR. MISC. No.90651 of 2025(2) dt.13-01-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submits that the petitioner and informant’s
daughter were in love and both of them have tried to commit
suicide. It is further submitted that the allegation levelled
against the petitioner is general and omnibus in nature. The
petitioner is in custody since 03.03.2025 and has got one
criminal antecedent in which he is on bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner and submits that
there is specific allegation of giving knife blow to the
informant’s daughter levelled against the petitioner. Hence, the
petitioner does not deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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