In dowry death cases, sufficient scrutiny must be applied by courts when granting bail, particularly considering post-mortem evidence and societal implications.

ORDER

1. Exemption Applications are allowed.

2. Leave granted.

3. This appeal is at the instance of the original complainant (mother of the deceased), seeking to challenge the legality and validity of the Order passed by the High Court dated 16-1-2026, releasing the Respondent No.2 - original accused (husband of the deceased), on bail in connection with the First Information Report dated 1-9-2024 registered with the Gopalpur Police station, State of Bihar for the offence punishable under Sections 103(1) and 80 of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS,2023) respectively.

4. It appears from the materials on record that the deceased was married to the accused past 1½ years. On 1-9-2024, the deceased was found dead at her matrimonial home in suspicious circumstances with external and internal injuries all over her body. The mother of the deceased lodged an FIR on the very same day and date. The FIR reads thus:

“I hereby state that I, Lai Muni Devi, wife of Budhan Prasad Sahu, village Gobar Sahi. Prasann Nagar, Police Station Sadar, District Muzaffarpur. The marriage of my daughter Harshika took place on 26 May 2023 with Vikas Kumar, son of Ramji Prasad Gupta Sahu, village- Gobar Sahl, Prasann Nagar, Police Station Sadar. District Muzaffarpur, present address: Jaganpura (Chhatrapati Shivajl Apartment), Police Station Gopalpur, District Patna. They were given 20 lakh rupees and gold and silver worth approximately 6 lakh rupees. They also provided a bed and bed-sheet and many other Items. Vikas began dating another woman just six months after the wedding. This led to a rift between the two, with VIkas's mother, Meera Devi, and husband, Ramji Prasad Gupta, both demanding a Bullet and a new model refrigerator. Vikas was demanding a Wheeler for his business. I told them that I still had three daughters to marry off, and my husband was retired. Therefore, I couldn't afford to give them so much. Then they began harassing my daughter, and Vikas repeatedly threatened me to take my daughter away or he would kill her. In this way, he began harassing my daughter further, and this morning, on 01.09. 2024, Vikas called me and told me that my daughter had died. I strongly suspect that Vikas murdered my daughter.

Therefore, it is requested to you that after investigating the above matter, legal action should be taken and punishment should also be given.”

5. Upon registration of the FIR, the investigation was undertaken. The post-mortem of the dead body of the deceased was conducted at the Nalanda Medical College, Patna. In the post-mortem report, the following injuries have been noted:-

(i) A lacerated wound of 6x4 cm, bone deep, over the right frontal region of the skull.

(ii) Fracture of the frontal bone of the skull with lacerated brain matter.

(iii) Ruptured sternum and ruptured heart

(iv) Fracture of the pelvic bone.

(v) Multiple abrasions on the chest, abdomen, and hip”.

6. The cause of death assigned in the post-mortem report is hemorrhage and shock due to head injury.

7. The case at hand is one of dowry death. Upon filing of the charge sheet, the case was committed to the Court of Sessions, which culminated as the Sessions Case Number.1800/2025 pending in the Court of Additional Sessions Judge, Patna, Bihar.

8. The Respondent No.2 came to be arrested in connection with the alleged crime. First in point of time, the Respondent No.2 prayed for bail before the Sessions Court. Since the Sessions Court declined to grant him bail, the accused went before the High Court. The High Court also declined to grant bail vide Order dated 16-5- 2025 passed in Criminal Miscellaneous Application No.24229 of 2025. The order reads thus:-

“1. Heard Mr. Manoj Kumar, learned counsel for the petitioner, Dr. Anand Kumar, learned counsel for the Informant and Mr. Shahabuddin Azeem, @S. Azeem, learned APP for the State.

2. Petitioner seeks bail, who Is in custody since 02.09.2024, in connection with Gopaipur P.S. Case No. 365 of 2024, F.I.R. dated 0109.2024 registered f