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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.

Summary

Pawan Kumar was arrested in a Mahila Police Station case alleging dowry demand of Rs. 2,00,000, assault, attempted strangulation and attempted arson against his wife. The petitioner claimed innocence, arguing that the injury reports were inconsistent and that he had a clean antecedent, with the chargesheet already filed and having been in custody since July 2025. The State opposed bail, citing the seriousness of the offences under Sections 85, 109, 127(2), 352 and 351(2)(3) of the B.N.S., 2023. The court examined the nature of the injuries, the petitioner’s clean record, the period of custody and the filing of the chargesheet, and found no compelling reason to deny bail. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other procedural requirements.

Issues considered

  • What considerations justify granting bail to an accused charged under Sections 85, 109, 127(2), 352 and 351(2)(3) of the B.N.S., 2023?
  • Whether the petitioner’s clean antecedent, period of custody and filing of the chargesheet outweigh the seriousness of the alleged offences for bail purposes?

Legislation cited

Subjects

  • bail
  • dowry harassment
  • domestic violence
  • attempted murder
  • assault
  • Section 480(3)
  • B.N.S. 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92072 of 2025
                      Arising Out of PS. Case No.-14 Year-2025 Thana- MAHILA PS District- Katihar
                 ======================================================
                 Pawan Kumar S/o Prakash Roy, Resident of Village- Sikkat Semapur, P.S.-
                 Barari, District- Katihar.
                                                                         ... ... Petitioner
                                               Versus
           1.     The State of Bihar.
           2.     Sweety Kumari W/O Pawan Kumar D/O Ramesh Chnadra Roy, R/O -
                  Mirchaibari, P.S- Sahayak, Dist- Katihar.
                                                            ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimal Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   25-02-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Mahila P.S. Case No. 14 of 2025 dated

                   26.04.2025, registered for the offences punishable under

                   Sections 85, 109, 127(2), 352 and 351(2)(3) read with Section

                   3(5) of the B.N.S., 2023.

                                   3. As per the prosecution case, petitioner has been

                   married with informant and they have two children out of this

                   wedlock. The allegation against the petitioner and other co-

                   accused persons is demand of Rs. 2,00,000/- as dowry and on

                   non-fulfillment of this demand, consequent torture and assault.

                   Further allegation is that the petitioner tried to strangulate the
Patna High Court CR. MISC. No.92072 of 2025(3) dt.25-02-2026
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          informant and he also tried to set her on fire by pouring

          kerosene oil.

                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and he has falsely

          been implicated in the present case. The prosecution story is not

          believable. If the petitioner intended to cause death of the

          informant, he would either have strangulated her or have set her

          on fire as there was no inhibiting circumstances. Moreover, if

          the petitioner would have strangulated the informant, why

          would he set her on fire. The allegation of demand of dowry of

          Rs. 2,00,000/- is absurd as marriage took place eight years back

          and the couple have two children out of this wedlock aged about

          seven years and three years. The informant was initially

          examined at the Sadar Hospital, Katihar and the injury report

          issued by Sadar Hospital, Katihar shows only an abrasion over

          the neck associated with neck pain and body ache and there is

          no mentioning of any burn injury. Subsequently, the informant

          got herself examined in Katihar Medical College and forged

          report has been prepared showing superficial first degree burn

          over lower chest and abdomen. However, this report is also

          falsified by the further statement of the victim / informant,

          wherein she stated that though her husband poured kerosene
Patna High Court CR. MISC. No.92072 of 2025(3) dt.25-02-2026
                                            3/4




          over her, but he did not set her on fire. Learned counsel next

          submits that petitioner is having clean antecedent and

          chargesheet has been submitted. Learned counsel lastly submits

          that petitioner is in custody since 03.07.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          nature of injury of the petitioner and also considering his clean

          antecedent, his period of custody and submission of

          chargesheet, the petitioner, above-named, is directed to be

          released on bail, on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand Only) with two sureties of the like

          amount each to the satisfaction of learned Sub-Divisional

          Judicial Magistrate, Katihar / concerned Court, in connection

          with Mahila P.S. Case No. 14 of 2025, subject to the condition

          laid down under Section 480(3) of the B.N.S.S. and other

          following conditions:

                          (i) One of the bailors will be a close relative of the

          petitioner.

                          (ii) The petitioner will remain present on each and

          every date fixed by the court below, if so required by the learned
          Patna High Court CR. MISC. No.92072 of 2025(3) dt.25-02-2026
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                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                  (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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