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Patna High Court

Rajendra MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail is denied at this stage; the petitioner must remain in custody pending trial.

Summary

The petitioner, Rajendra Mahto, sought bail in a case (PS Case No. 252 of 2024) filed under Section 80 of the Bharatiya Nyaya Sanhita, 2023, concerning the death of his wife, allegedly caused by her in‑laws over a dowry demand. The prosecution alleged that the daughter of an informant was killed at her matrimonial home, but the petitioner's counsel argued that he was falsely implicated, had no criminal antecedent, and that the post‑mortem report was inconclusive. The State opposed bail, contending that as the husband of the deceased, the petitioner bears the onus of explaining the circumstances of her death. The Court, after considering these submissions, declined to grant bail, directing the trial court to expedite the trial without undue adjournments. The petitioner was allowed to renew his bail application if the trial is not concluded within six months of this order.

Issues considered

  • What is the appropriate exercise of discretion under Section 80 of the Bharatiya Nyaya Sanhita, 2023, in granting bail to a husband accused in a dowry‑death case?
  • Does the husband, as the spouse of the deceased, bear a statutory onus to explain the circumstances of her death that justifies denial of bail?

Legislation cited

Subjects

  • bail
  • dowry death
  • Section 80
  • Bharatiya Nyaya Sanhita
  • husband
  • onus of explanation
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.85221 of 2025
                       Arising Out of PS. Case No.-252 Year-2024 Thana- JALALPUR District- Saran
                 ======================================================
                 Rajendra Mahto S/o Krishna Mahto R/o Village - Vishunpura, P.S - Jalalpur,
                 District - 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. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Jalalpur P.S. Case No. 252 of 2024 instituted for the offence

                   under Section 80 of the Bharatiya Nyaya Sanhita, 2023.

                           3.       Prosecution case in short is that daughter of the

                   informant has been done to death at her matrimonial house by

                   her in-laws due to non-fulfillment of the demand of dowry.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 24.02.2025. Petitioner

                   bears no criminal antecedent, as per disclosure made in

                   paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.85221 of 2025(3) dt.09-02-2026
                                            2/3




                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is the husband of the deceased. There is no

          specific allegation attributed to the petitioner, rather allegation is

          general and omnibus in nature. Postmortem report suggest the

          cause of death due could not be ascertained and viscera report is

          preserved.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. It is

          fervently submitted that petitioner, being the husband of the

          deceased, bears the onus of explaining the circumstances

          leading to her death.

                  7.      Considering the aforesaid facts and circumstances

          of the case and taking into account the fact that petitioner, being

          the husband of the deceased, bears the onus of explaining the

          circumstances leading to her death, this Court is not inclined to

          grant bail at this stage. Prayer for bail is hereby rejected.

                  8.      The Trial Court is directed to expedite the trial as

          expeditiously as possible without any undue delay and

          unnecessary adjournments.

                  9.       However, petitioner will be at liberty to renew his

          prayer for bail, if the trial is not concluded within a period of six
           Patna High Court CR. MISC. No.85221 of 2025(3) dt.09-02-2026
                                                       3/3




                     months from the date of receipt/production of a copy of this

                     order.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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