Deepak Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

Deepak Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

What the court decided

AI extract

Outcome

None; the bail prayer was rejected, with a direction to the court below to proceed with the case expeditiously.

Issue for consideration

Whether the petitioner, booked for offences punishable under Sections 85, 115(2), 80 of the B.N.S. in connection with Motipur P.S. Case No. 388 of 2024 (FIR alleging he murdered the informant's daughter, his wife, for non-fulfillment of a demand of dowry), should be enlarged on bail.

Ratio / Principle

Bail refused: considering that the petitioner is the husband who is primarily responsible for the welfare of the wife, coupled with the FSL report indicating the presence of poisonous substance (aluminum phosphide/celphos) in the viscera, the Court was not inclined to enlarge the petitioner on bail and rejected his prayer for bail in connection with Motipur P.S. Case No. 388 of 2024.

Key takeaways

The learned court below is directed to proceed with the case expeditiously.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J.), by order dated 12-02-2026 in Criminal Miscellaneous No.49802 of 2025 arising out of Motipur P.S. Case No. 388 of 2024 (Muzaffarpur), rejected the bail application of Deepak Kumar, accused of offences punishable under Sections 85, 115(2), 80 of the B.N.S.; the FIR alleged he committed the murder of the informant's daughter (his wife) for non-fulfillment of a demand of dowry (cash and motorcycle). Counsel for the petitioner urged that there had been an inter-caste marriage, that the wife died of a physical ailment possibly an epilepsy attack, that the postmortem report showed no injury, and that the petitioner was in custody since 11.11.2024 with no criminal antecedent. The APP opposed, pointing out that opinion on the cause of death had been reserved for the FSL/viscera report, and that the FSL report from the Muzaffarpur forensic lab detected aluminum phosphide (celphos), a highly poisonous substance, in the viscera. Holding that the petitioner, as the husband, was primarily responsible for the welfare of the wife, and in view of the FSL finding of poison in the viscera, the Court declined bail and directed the court below to proceed with the case expeditiously.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49802 of 2025

Arising Out of PS. Case No.-388 Year-2024 Thana- MOTIPUR District- Muzaffarpur

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

Deepak Kumar S/O Mahendra Mahto R/O Village- Jagdishpur Kushahi, P.SMotipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Bela Singh For the Opposite Party/s : Mr. Rajesh Kumar ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

6 12-02-2026

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the

offence punishable under Sections 85, 115(2), 80 of the B.N.S.

As per FIR, the petitioner is said to have committed murder of the daughter of the informant for non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner has been made an accused in this case with false and baseless allegations of demand of some cash and motorcycle as dowry. As a matter of fact, he never indulged in any demand or torture rather there was an inter caste marriage between the petitioner and the informant and the wife had died on account of some physical ailment possibly an epilepsy attack. It is further submitted that the postmortem report does not indicate the

Patna High Court CR. MISC. No.49802 of 2025(6) dt.12-02-2026 2/2

existence of any injury on the body of the deceased. The petitioner is in custody since 11.11.2024 with no criminal antecedent.

Learned APP for the State has opposed the application for bail on the ground that the petitioner is the husband of the deceased and further points out that the opinion with regard to death was reserved for the FSL/Viscera report and the said FSL report from the forensic lab Muzaffarpur, Bihar indicates that the aluminum phosphide (celphos) was detected in the viscera, which is highly poisonous substance.

In view of the above-mentioned facts and circumstances and also considering that the petitioner is the husband who is primarily responsible for the welfare of the wife coupled with the FSL report indicating the presence of poisonous substance in the Viscera, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected in connection Motipur P.S. Case No. 388 of 2024.

However, learned court below is directed to proceed with the case expeditiously.

(Soni Shrivastava, J)

devendra/-