Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to bond and conditions, as there was no specific allegation against him and the period of custody was considerable.
Summary
The petitioner, Sonu Kumar, husband of a woman who died allegedly due to dowry demands, was arrested in connection with a dowry death case under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He has been in custody since 11 November 2025 and claims no criminal antecedents and that he has been falsely implicated, with no specific allegation against him. The prosecution opposed bail, but the court noted the lack of specific charges, the duration of custody, and that a co‑accused had already been granted bail. Consequently, the court inclined to grant bail, subject to a bond of Rs. 15,000 with two sureties and conditions of appearance. The bail order was issued pending framing of charges.
Issues considered
- Whether bail should be granted to the petitioner under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in a dowry death case where no specific allegation is made against him.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- criminal procedure
- Section 80
- Section 3
- presumption of guilt
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92007 of 2025
Arising Out of PS. Case No.-144 Year-2025 Thana- ISLAMPUR District- Nalanda
======================================================
Sonu Kumar S/o Hira Singh @ Hira Lal Singh Resident of Village-
Madhopur, P.S.- Islampur, District- Nalanda- 801303
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Nivedita Nirvikar, Sr. Advocate
Ms. Riya Raj, Advocate
Mr. Shashank Shekhar, Advocate
Mr. Amar Shakti, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Islampur P.S. Case No. 144 of 2025 instituted for the offence
under Sections 80(2) & 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case in short is that daughter of the
informant has been done to death at her matrimonial house by
her in-laws due to non-fulfillment of the demand of dowry.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 11.11.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
Patna High Court CR. MISC. No.92007 of 2025(3) dt.11-03-2026
2/3
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is the husband of the deceased. There is no
specific allegation attributed to the petitioner, rather allegation is
general and omnibus in nature. Postmortem report suggests the
cause of death as asphyxia due to hanging. It is further
submitted that the case is committed to the Court of Session.
Other co-accused has been granted bail by this Court vide order
dated 09.10.2025, passed in Cr. Misc. No. 71154 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and there being
no specific allegation against the petitioner, this Court is
inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Islampur P.S. Case No. 144 of 2025, subject
to the following conditions:
Patna High Court CR. MISC. No.92007 of 2025(3) dt.11-03-2026
3/3
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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