Patna High Court
Pramod Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioners subject to the stipulated bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Pramod Kumar Verma and Rajkiran Kumar, sought bail fearing arrest in a case (Biharsharif P.S. Case No. 582 of 2025) involving alleged offences under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The informant alleged that his sister was murdered and that the petitioners had taken her dead body away, but the FIR contained no dowry demand or torture allegations. The petitioners contended that the deceased died by hanging, as confirmed by the post‑mortem report, and that the informant himself had filed a statement declaring the death a suicide. The State opposed the bail application, arguing the seriousness of the allegations. The Court, after considering the informant’s statement, the post‑mortem findings and the nature of the accusations, ordered that the petitioners be released on bail upon furnishing bonds and sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also required one bailor to be a close relative of each petitioner.
Issues considered
- Whether bail should be granted to the petitioners in connection with the offences alleged under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 80
Subjects
- bail
- criminal procedure
- Section 80
- Section 238
- Section 3(5)
- Section 482(2)
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- suicide
- post‑mortem report
- dowry death allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91309 of 2025
Arising Out of PS. Case No.-582 Year-2025 Thana- BIHAR District- Nalanda
======================================================
1. Pramod Kumar Verma, Son of Vijay Kumar Verma, Resident of Mohalla -
Sathopur, Police Station - Deepnagar, District - Nalanda.
2. Rajkiran Kumar @ Damra, Son of Ramdev Prasad, Resident of Mohalla -
Jhingnagar, Police Station - Deepnagar, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Biharsharif P.S. Case No. 582 of 2025
registered for the offences punishable under Sections 80, 238
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The marriage of the sister of the informant was
solemnized with one Ravi Kumar on 07.02.2025. On
15.10.2025, the informant received a call that his sister has been
done to death, whereupon he reached to her matrimonial house
and found the dead body of his sister was lying on Sofa. It is
further alleged that just after few minutes, the elder brother-in-
law of the husband of his sister and his friend, who are the
petitioner nos. 1 and 2 before this Court, along with the mother
Patna High Court CR. MISC. No.91309 of 2025(2) dt.28-01-2026
2/3
of the informant took the victim on a four wheeler vehicle.
However, after two hours they have come out with the dead
body of the deceased. The informant suspected the hands of the
petitioners in causing the death of the deceased.
4. Learned Advocate for the petitioners submitted that
even as per the F.I.R., there is neither any allegation of demand
of dowry nor torture. Moreover, even if the allegation is taken
to be true, for the sake of argument, it is the case of the
prosecution that the unconscious sister of the informant or the
deceased was taken to hospital along with her mother, however,
she could not survive and thereafter the dead body was brought
to the house. Post-mortem was also done and it has been found
that she died on account of asphyxia, due to hanging. In fact,
when the informant came to know about the false implication of
the petitioners, he immediately filed a petition before the
learned Chief Judicial Magistrate, Nalanda with a categorical
statement that his sister has committed suicide, as she was
suffering from various ailments and there is no role of the
petitioners in causing her death. This Court is also apprised that
the husband of the deceased is already in custody for the last
two months, moreover, the petitioners have got fair antecedent
and they undertake that they will fully cooperate in the
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3/3
proceeding of the court.
5. On the other hand, learned APP for the State
vehemently opposes the bail application.
6. Regard being had to the submissions made on
behalf of the parties and considering the nature of allegation
levelled against the petitioners, coupled with the post-mortem
report as well as the petition filed by the informant categorically
stating that the petitioners have no role in causing the death of
the deceased, let the petitioners, named above, in the event of
their arrest or surrender before the court below within four
weeks from the date of receipt/production of a copy of this
order, be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Nalanda at Bihar Sharif, Nalanda in connection with
Biharsharif P.S. Case No. 582 of 2025, subject to the condition
as laid down under Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 with the further condition that one of
the bailors shall be the own/close relative of the petitioners.
(Harish Kumar, J)
uday/-
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