Allowed¶19

Gautam Kumar v. The State of Bihar

Patna HC24 Jun 2025CR. MISC./8868/2025

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No. 8868 of 2025; decided 24-06-2025 by Rudra Prakash Mishra, J.; bail granted; Sections 304-B and 34 IPC; alleged dowry death; Muffasil P.S. Case No. 61 of 2024, District Khagaria; charge-sheet filed; custody since 31.05.2024; bail bond Rs. 10,000 with two like sureties; conditions — one bailor close family member, mandatory appearance at trial, cancellation of bail bonds on default of two consecutive dates.

What did the court decide?

Bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions that one bailor be a close family member and that the petitioner appear on every trial date (default on two consecutive dates entitles the Trial Court to cancel the bail bonds). ¶19

Gautam Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, accused under Sections 304-B and 34 IPC in Muffasil P.S. Case No. 61 of 2024, should be granted bail.

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Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court is inclined to grant bail.

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Ratio / Principle

Petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Muffasil P.S. Case No. 61 of 2024.

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Key takeaways

Condition (I): one of the bailors shall be an own/close member of the family of the petitioner.ratio¶23
Condition (II): the petitioner shall appear on each and every date fixed at the trial; in case of default in appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds.ratio¶24

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rudra Prakash Mishra, J.) allowed bail in Criminal Miscellaneous No. 8868 of 2025 arising out of Muffasil P.S. Case No. 61 of 2024 (District Khagaria), instituted under Sections 304-B and 34 of the Indian Penal Code on allegations that the petitioner along with other family members tortured and killed the deceased for non-fulfillment of demand of dowry. Charge-sheet had been filed and the petitioner was in custody since 31.05.2024. The Court, taking the period of custody into account, directed release on a bail bond of Rs. 10,000/- with two sureties of the like amount each, imposing conditions: one bailor must be an own/close family member, and the petitioner must appear on every trial date, failing which (default on two consecutive dates) the Trial Court may cancel the bail bonds.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8868 of 2025

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Arising Out of PS. Case No.-61 Year-2024 Thana- Mufassil District- Khagaria

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======================================================

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Gautam Kumar Son of Gurudev Yadav Resident of Village- Bari Kothiya, PS -Muffasil, District- Khagaria

... ... Petitioner/s

Versus

The State of Bihar

===================	... ... Opposite Party/s ===================================
Appearance : For the Petitioner/s : For the Opposite Party/s : For the Informant : ===================	Mr. Amar Kumar Singh, Advocate Mrs. Renu Kumari, APP Mr. Siddhartha Prasad, Advocate ===================================
CORAM: HONOURABL MISHRA	E MR. JUSTICE RUDRA PRAKASH

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ORAL ORDER

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4 24-06-2025

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Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

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The petitioner seeks bail in connection with Muffasil P.S. Case No. 61 of 2024, instituted for the offences punishable under Sections 304-B and 34 of the Indian Penal Code.

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The prosecution case, in short, is that, the petitioner along with other family members tortured and killed the deceased for non-fulfillment of demand of dowry.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the

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Patna High Court CR. MISC. No.8868 of 2025(4) dt.24-06-2025 2/3

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petitioner is husband of the deceased. No specific allegation has been attributed against the petitioner, rather the same is general and omnibus in nature. It is next submitted that the deceased has committed suicide and the matter was duly informed to the family of the deceased. The petitioner has neither demanded any dowry nor tortured the deceased. The petitioner is in custody since 31.05.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 11.11.2024 passed in Cr. Misc. No. 78888 of 2024.

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Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant submits that only one witness has been examined in this case till now and the trial is in progress. Hence, the petitioner does not deserve the privilege of bail.

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Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

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Patna High Court CR. MISC. No.8868 of 2025(4) dt.24-06-2025 3/3

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sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case

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No. 61 of 2024, subject to the following conditions:

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(I) One of the bailors shall be own/close member of the family of the petitioner.

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(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

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U T

Gautam Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gautam Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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