Patna High Court

Mahesh Kumar @ Mahesh Kr.versusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court held that in the absence of specific incriminating evidence and given the petitioners’ clean record, bail could be granted.

Summary

Mahesh Kumar and Heera Devi petitioned the Patna High Court for bail in a dowry‑death case (Dighwara P.S. Case No. 75 of 2025) filed under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners, as in‑laws, tortured and strangled the informant’s daughter for non‑payment of dowry. The petitioners contended that they were falsely implicated, that the deceased had committed suicide, and that the matter had been compromised; they also highlighted their clean criminal record. The State opposed the bail on the ground of the seriousness of the offence. After considering the submissions and the lack of specific incriminating material, the court ordered bail on the condition of a Rs.10,000 bond with two sureties. The bail order effectively released the petitioners pending trial.

Issues considered

Whether the allegations under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, justify denial of bail to the petitioners.
Whether the petitioners’ claim of innocence, clean record, and alleged compromise warrant the grant of bail.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 3(5), 80

Subjects

dowry death
bail
criminal procedure
Bhartiya Nyaya Sanhita
false implication
compromise

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86971 of 2025
                       Arising Out of PS. Case No.-75 Year-2025 Thana- DIGHWARA District- Saran
                 ======================================================
           1.     Mahesh Kumar @ Mahesh Kr. S/o Krishna Singh, R/o Village - Saidpur,
                  Ward no. 3, P.S - Dighwara, District - Saran at Chapra
           2.    Heera Devi, W/o Krishna Singh, R/o Village - Saidpur, Ward no. 3, P.S -
                 Dighwara, 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 KHATIM REZA
                                       ORAL ORDER

5   11-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners seek bail in connection with

                   Dighwara P.S. Case No. 75 of 2025 dated 11.03.2025 instituted

                   for the offence punishable under Sections 80, 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the marriage of the

                   informant’s daughter was solemnized with Chandan Singh, who

                   is the son of the petitioner no. 2. It is alleged that her in-laws

                   including the petitioners used to torture and beat her. It is further

                   alleged that on 09.03.2025, her in-laws have killed her by

                   strangulating for non-fulfilment of dowry demand.
Patna High Court CR. MISC. No.86971 of 2025(5) dt.11-02-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and they have been falsely implicated in

          this case. Learned counsel for the petitioners submits that

          petitioner no. 1 is brother-in-law (devar) and petitioner no. 2 is

          mother-in-law of the deceased. There is no specific allegation

          against the petitioners, rather, the allegation against the

          petitioners is general and omnibus. It is further submitted that

          husband of the deceased is in custody. Learned counsel for the

          petitioners     further     submits       that       the   matter   has   been

          compromised between the parties. Real fact is that the deceased

          has herself committed suicide on account of quarrel with her

          husband. The informant after knowing the actual fact has

          compromised the matter. Lastly, it has been submitted that the

          petitioners are in custody since 01.09.2025 having no criminal

          antecedents. Charge-sheet has been submitted in the case.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioners.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned A.C.J.M. 1 st Saran at
          Patna High Court CR. MISC. No.86971 of 2025(5) dt.11-02-2026
                                                      3/3




                    Chhapra in connection with Dighwara P.S. Case No. 75 of 2025.


                                                                 (Khatim Reza, J)

premchand/-
U      T

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