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Patna High Court

Chandan SinghversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused to grant bail to the petitioner.

Summary

Chandan Singh was arrested on 5 December 2025 in connection with a dowry death case (PS Case No. 75 of 2025) under Sections 80 and 3(5) of the BNS, 2023. He applied for bail, claiming a clean antecedent and arguing that the FIR does not specifically allege any assault or dowry demand against him, only that he is the husband of the deceased. The State opposed bail, relying on the post‑mortem report which showed ligature marks on the neck, struggle marks on the body, and the fact that the death occurred within three years of marriage. The court considered the seriousness of the allegations and the medical evidence, and concluded that bail could not be granted. Consequently, the petition for bail was refused.

Issues considered

  • Whether bail should be granted to the accused in a dowry death case under Sections 80 and 3(5) of the BNS, 2023.

Legislation cited

Subjects

  • bail
  • dowry death
  • Sections 80
  • Section 3(5)
  • medical evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12618 of 2026
                       Arising Out of PS. Case No.-75 Year-2025 Thana- DIGHWARA District- Saran
                 ======================================================
                 Chandan Singh S/o Krishna Singh R/o Village - Ward no.3, Saidpur, P.s. -
                 Dighwara, Distt.- Saran at Chapra

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :       Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-04-2026                     Heard Mr.Vijay Kumar, learned counsel for the

                   petitioner and Mr.Binod Kumar,                 learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   05.12.2025 in connection with Dighwara P.S. Case No. 75 of

                   2025, F.I.R. dated 11.03.2025 registered for the offence

                   punishable under Sections 80 and 3(5) of BNS,2023.

                                3. Allegation against the petitioner is that he

                   alongwith other co-accused persons have in furtherance of their

                   common intention committed the dowry death of the daughter

                   of the informant.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. It appears from

                   the FIR that there is no specific allegation of any assault, overt-
               Patna High Court CR. MISC. No.12618 of 2026(3) dt.30-04-2026
                                                           2/2




                         act or demand of dowry attributed against the petitioner and

                         petitioner has been made accused in the present case merely on

                         the ground that the petitioner is husband of the deceased.

                                       5. Learned A.P.P. for the State, on the basis of the

                         material available on the record and the case dairy, has

                         vehemently opposed the prayer for bail of the petitioner and

                         submits that as per postmortem report, the Doctor has found the

                         ligature mark on both sides of neck, apart from that, there is

                         struggle mark was also found on the person of deceased and she

                         has died in her matrimonial house within three years of her

                         marriage.

                                      6. Considering the nature of allegation against the

                         petitioner supported by the medical evidence, I am not inclined

                         to enlarge the petitioner on bail in connection with Dighwara

                         P.S. Case No. 75 of 2025 pending in the court of learned

                         A.C.J.M.1st , Saran at Chapra.

                                      7. Prayer is refused.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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