Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41616 of 2025 Arising Out of PS. Case No.-224 Year-2024 Thana- BARHARA KOTHI District- Purnia ====================================================== Kanhaiya Kumar S/o Rajendra Paswan Res Of Village- Maldiha, P.S.- Barhara Kothi, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. N. K. Agrawal, Sr. Advocate Mr. Bidhu Ranjan, Advocate For the State :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2025 Heard learned senior counsel appearing for the petitioner and learned A.P.P. appearing for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 80(2), 61(2) and 3(5) of the B.N.S..
3. The prosecution story, in a nutshell, is that on 20.09.2024 at about 5 PM, this petitioner, who happens to be son-in-law of informant, informed her that her daughter, namely Baby, has committed suicide by hanging. It is further alleged that one day before the occurrence, this petitioner, on mobile, made a demand of Rs. 5 lacs, washing machine, freeze etc., as
Patna High Court CR. MISC. No.41616 of 2025(2) dt.08-08-2025 2/3 dowry and as such, all the accused persons, including the petitioner, killed daughter of informant due to non-fulfillment of demand of dowry.
4. It is submitted by learned senior counsel appearing on behalf of the petitioner that petitioner is quite innocent and has falsely been implicated in this case merely because he happens to be husband of the deceased. Informant is not an eyewitness of the alleged occurrence. Petitioner never tortured or demanded any dowry. As a matter of fact, the deceased committed suicide. Petitioner has got no criminal antecedents and he is in custody since 12.11.2024. Moreover, charge-sheet has already been submitted.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is husband of the deceased and there is specific and direct accusation that he, along with other accused persons, committed murder of daughter of informant due to non-fulfillment of demand of dowry. The deceased died an unnatural death at her matrimonial house.
6. Considering the specific and direct nature of accusation and the fact that petitioner is husband of the deceased
Patna High Court CR. MISC. No.41616 of 2025(2) dt.08-08-2025 3/3 who died unnatural death at her matrimonial house, the prayer for grant bail of to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T