IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85201 of 2025 Arising Out of PS. Case No.-439 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Guddu Kumar S/o Ram Janam Yadav @ Ram Janam Singh R/o Village - Narhan Bigha (Narhanpur), P.S - Makhdumpur, District - Jehanabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY CAV ORDER 6 13-05-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Makhdumpur P.S. Case No.439 of 2024 registered for the offence punishable under Section 80 of the BNS. 3. The case of the prosecution, in short, is that one Babita Kumari was married to the petitioner three years ago. On 09.09.2024, the villagers informed that the deceased has been killed by her in-laws and was hanged. When the informant reached at the matrimonial house of the deceased, they found her hanging from a fan. After that, they dialed at 112. After that, police arrived and the informant believes that Patna High Court CR. MISC. No.85201 of 2025(6) dt.13-05-2026 2/4 the deceased has been hanged on the fan after killing. 4. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is in custody since 13.06.2025 having no criminal antecedent. Learned counsel for the petitioner has submitted that the nature of allegation alleged against the petitioner is general and omnibus and from perusal of the postmortem report it will transpire that the doctor conducting autopsy of the deceased has found following antemortem injuries :- (i) Ligature mark present above the throid cartilage extending upto the mabloid process behind both the ear and gaping about 2” present at occipital region. (ii) Ligature mark size in 1” broad and dark bluish in colour. (iii) Abrasion both of neck near angle of mandible and size about about 1” x 1/2” in left side and 1/2” x 1/2” right side. The doctor has opined that the cause of death is cardio- respiratory failure due to asphyxia but final report will be given after FSL report. 5. Learned counsel for the petitioner has submitted that fom perusal of the postmortem report it is clear that Patna High Court CR. MISC. No.85201 of 2025(6) dt.13-05-2026 3/4 ligature mark was found and as per the case of the prosecution, when the informant came to the matrimonial house of the deceased, he found the deceased hanging on a fan. It has been submitted that it is a clear cut case of suicide. 6. The application for bail is opposed by learned APP for the State has further submitted that from perusal of the postmortem report, it is clear that the antemortem injuries are not only ligature but there are other abrasion on the neck which are not explained by the petitioner and the Doctor conducting the autopsy has also opined that opinion regarding cause of death can only be given after the FSL report. FSL report is available but in report it is opined that “Opinion on other points will be furnished separately by Toxicology Section of this laboratory”. 7. The antemortem injuries are not explained; the petitioner is husband and main thrust of allegation is against him. 8. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail at this stage, as such, his prayer for bail stands rejected. 9. However, the petitioner may renew his prayer for Patna High Court CR. MISC. No.85201 of 2025(6) dt.13-05-2026 4/4 bail after six months if the trial is not concluded or when the opinion on the other points from the Toxicology Section of the Forensic Science Laboratory is received, whichever is earlier. Durgesh/- Nitu/- (Ashok Kumar Pandey, J) AFR/NAFR NAFR CAV DATE 06.05.2026 Uploading Date 13.05.2026 Transmission Date 13.05.2026