Kundan Kumar @ Kundan Kumar Sah Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12736 of 2025

Arising Out of PS. Case No.-12 Year-2024 Thana- MAHILA P.S. District- Saran

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Kundan Kumar @ Kundan Kumar Sah Son of Late Sat Kumar Sah @ Late Sant Kumar Sah Village -Vishunpura P.S -Isuapur District -Saran

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gaurav Kumar, Adv. For the State : Mr. Chandra Bhushan, APP For the Informant Mr. Ashwani Kumar, Adv. ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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3 22-04-2025

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Heard learned counsel for the petitioner and learned

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APP for the State, who is present along with the S.H.O. of Mahila Police Station, Saran at Chapra. Learned counsel for the informant is also present.

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The First Information Report had originally been lodged as a zero FIR on 26.12.2023 under Section 498A of the Indian Penal Code and other sections. The same was subsequently converted into one under Section 304B of the IPC on 03.08.2024 after the death of the wife of the petitioner on 08.04.2024.

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The allegation is on the accused persons of having administered Harpic to the daughter of the informant due to which she died.

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Patna High Court CR. MISC. No.12736 of 2025(3) dt.22-04-2025 2/3

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Learned counsel for the petitioner submits that there is general and omnibus allegation in the FIR of having administered Harpic but as a matter of fact neither the petitioner nor any one from his family had forced her to consume the said substance, rather it was the deceased herself who was not happy since the beginning of the marriage and was not desirous of living with the petitioner and hence, she tried to commit suicide by consuming some hazardous and poisonous substance in her bid to commit suicide. Learned counsel for the petitioner also submits that even earlier the petitioner and his family never subjected her to any kind of dowry demand or torture.

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Learned APP for the State and learned counsel for the informant have opposed the present anticipatory bail, besides others, on the ground that the deceased on account of the forcible consumption of Harpic, had lost her life and the same would be evident from the postmortem report dated 10.04.2024, which has been brought along with the case diary. The said postmortem report would show that the death was due to the effects of corrosive poisoning, thereby supporting the case of the prosecution.

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It is a case under Section 304B IPC where there is a presumption clause and the petitioner is the husband, who is

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Patna High Court CR. MISC. No.12736 of 2025(3) dt.22-04-2025 3/3

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primarily responsible for well being of his wife.

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In view of the above-mentioned facts and

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circumstances of the case, I am not inclined to grant the anticipatory bail to the petitioner and the same is rejected in connection Saran Mahila P.S. Case No. 12 of 2024.

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The personal appearance of the S.H.O., Saran at

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Chapra is dispensed with.

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(Soni Shrivastava, J)

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devendra/-

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U T

Kundan Kumar @ Kundan Kumar Sah v. The State of Bihar

Case brief

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Kundan Kumar @ Kundan Kumar Sah v. The State of Bihar

Case brief

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What the court decided

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