PATNA HIGH COURT
Sumit Kumar @ Deepak Kumar
Cr.Misc.-59589/2025
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59589 of 2025 Arising Out of PS. Case No.-6 Year-2024 Thana- MANSURCHAK District- Begusarai ======================================================
Sumit Kumar @ Deepak Kumar S/o Ganga Bishun Chaurasia R/o Village -
Satha, Post - Satha, Ward No. 9, P.S - Mansoorchak, District - Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr. Akshay Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. Learned counsel appearing on behalf of the petitioner submits that petitioner being husband has been falsely implicated by the informant. It is next submitted that no doubt the death took place within seven years of marriage but then all deaths are not dowry deaths. It is also submitted that petitioner had informed the police about the occurrence and the police came but the petitioner was not arrested. It is further submitted that the dead body was sent for post mortem and the post mortem report records asphyxia on account of strangulation to be the cause of death but then it is submitted that the victim strangulated herself leading to death. Petitioner was not involved in the occurrence for the reason that he had gone with his children to a doctor for getting them treated as they were assaulted by the deceased prior to committing suicide. It is further submitted that the dead body was cremated in presence of family members of the deceased and thereafter Shradhkarm was performed.
4. The learned APP opposes the bail application and submits that what is not in dispute rather stands admitted is that the deceased died within seven years of marriage and the post mortem report records the cause of death as asphyxia on account of strangulation. It is further submitted that it does not appear probable that the victim would have strangulated herself. It is next submitted that a plea of alibi is being taken that petitioner at the time of occurrence had gone to a doctor for getting his sons treated who were assaulted by the deceased. It is also submitted that had that been a case, at least, in the regular bail application, the name of the doctor and the time would have been pleaded, i.e., to which doctor, the petitioner had gone along with his children for getting them treated.
5. At this stage, learned counsel appearing on behalf of the petitioner submits that petitioner is in custody since 13.02.2024 and charges have been framed and trial has commenced on which the learned APP submits that petitioner also has antecedents of two cases and since trial has commenced, as such, it is not a fit case for grant of bail.
6. Considering the submissions made by the learned APP, the Court is not inclined to release the petitioner on bail. Accordingly, the prayer for grant of bail to the petitioner is hereby rejected in connection with Sessions Trial No.585 of 2024, arising out of Mansoorchak P.S. Case No.06 of 2024, pending in the court of learned District & Additional Sessions Judge-XI, Begusarai.
(Satyavrat Verma, J)
Sanjay/-
U T
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