Shivam Kumar Ram @ Ashwani Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33974 of 2026 Arising Out of PS. Case No.-424 Year-2025 Thana- BIBHUTIPUR District- Samastipur ====================================================== Shivam Kumar Ram @ Ashwani Kumar Son of Ganesh Ram Resident of Mohathi, Ward No. 11, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2.
The petitioner seeks bail in connection with Bibhutipur P.S. Case No. 424 of 2025 instituted for the offence under Sections 85, 80 & 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 18.12.2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.33974 of 2026(3) dt.16-07-2026 2/3 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. Learned counsel for the petitioner submits that deceased has committed suicide. Postmortem report suggest the cause of death due to asphyxia resulting from ante-mortem hanging.
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, there being no specific allegation against the petitioner and charge sheet being submitted, 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 Bibhutipur P.S. Case No. 424 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
Patna High Court CR. MISC. No.33974 of 2026(3) dt.16-07-2026 3/3 (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