PATNA HIGH COURT
Raghubir Kumar Das
Cr.Misc.-78840/2025
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78840 of 2025 Arising Out of PS. Case No.-399 Year-2024 Thana- BIDUPUR District- Vaishali ======================================================
Raghubir Kumar Das, Son of Vinod Das, R/o Village-Rahimapur, P.S.-
Bidupur, District- Vaishali.
... ... Petitioner Versus The State of Bihar ... ... Opposite Party ======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s : Mr. Mohammed Arif, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Bidupur P.S. Case No.399 of 2024 registered for the offences punishable under Sections 80 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’).
3. The accused/petitioner is named in the FIR and is in custody since 20.07.2024.
4. Allegation against petitioner is to cause death of daughter of informant along with family members/co-accused persons due to non-fulfilment of demand of dowry as raised for a four wheeler vehicle. Petitioner is the husband.
5. It is submitted by learned counsel appearing for petitioner that the deceased wife of the petitioner was a lady of short temperament and out of temperamental issue, she committed suicide. It is submitted that suicide was not made in connection with dowry demand and in support of this submission, learned counsel has drawn attention of this Court towards paragraph nos. 73 and 74 of the case diary, where the statement of independent witnesses appears recorded under Section 180 of the BNSS, where they stated that as petitioner has refused to accompany victim for visit of local/village fair on motorcycle and said her to go with Auto, she committed suicide on the date, which was her marriage anniversary i.e.
18.07.2024.
6. While concluding argument, it is submitted that investigation of this case is already completed long back and charge-sheet has already submitted and, therefore, the chances of tampering of witnesses is now no more available.
7. Learned APP while opposing the prayer of bail submitted that the daughter of the informant committed suicide within four corners of matrimonial home and same took place within one year of her marriage with the petitioner.
8. In view of aforesaid factual submissions and by taking note of fact as in view of the statement of independent witnesses as discussed aforesaid, the occurrence of suicide prima facie appears doubtful in the background of dowry demand, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 20.07.2024 and as trial of this case is not likely to conclude in near future, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class-cum-Additional Munsif-1st, Vaishali at Hajipur in connection with Bidupur P.S. Case No.399 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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