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Patna High Court

Pramod Kumar VermaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
             Patna High Court CR. MISC. No.91309 of 2025(2) dt.28-01-2026
                                                         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/-

U        T


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