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Patna High Court

BHOLA RAJBHARversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused to grant bail to the petitioner.

Summary

The petitioner, Bhola Rajbhar, applied for bail in a case registered under Sections 80 and 3(5) of the B.N.S., 2023, alleging that he was falsely implicated in the death of his wife's younger daughter over a dowry demand. He claimed a clean antecedent and that the FIR was fabricated. The State opposed bail, presenting a post‑mortem report indicating neck compression and asphyxia as the cause of death, occurring within four months of the marriage. The court examined the medical evidence and the seriousness of the alleged dowry‑death offence. Considering the gravity of the allegations and the forensic findings, the court declined to grant bail. 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 B.N.S., 2023.
  • Whether the allegations in the FIR are false and the petitioner can be released on bail.
  • Whether the post‑mortem evidence indicating asphyxia due to neck compression warrants denial of bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • asphyxia
  • post‑mortem report
  • criminal procedure
  • Section 80 B.N.S. 2023
  • Section 3(5) B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11048 of 2026
                 Arising Out of PS. Case No.-354 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua)
                 ======================================================
                 BHOLA RAJBHAR S/o- Nebul Rajbhar @ Nebulal Ray R/v- Kharaura Ps-
                 Chainpur Dist- Kaimur at Bhabua

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Tribhuwan Narayan, Advocate
                 For the State           :        Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   06-04-2026                     Heard Mr. Tribhuwan Narayan, learned counsel for

                   the petitioner and Mr. Rajendra Singh, learned APP for the

                   State.

                                    2. Petitioner seeks bail, who is in custody since

                   04.08.2025, in connection with Chainpur P.S. Case No. 354 of

                   2025, F.I.R. dated 11.07.2025 registered for the offences

                   punishable under Sections 80, 3(5) of the B.N.S., 2023.

                                   3. Allegation against the petitioner is that he along

                   with family members killed the younger daughter of the

                   informant (his wife) for non fulfillment of demand of dowry.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner has clean antecedent and he has been falsely

                   implicated in the present case. He further submits that the

                   allegation as alleged in the F.I.R. is false and fabricated and the
               Patna High Court CR. MISC. No.11048 of 2026(3) dt.06-04-2026
                                                           2/2




                         petitioner has not committed any offence as alleged in the F.I.R.

                                       5. Learned APP for the State, on the other hand,

                         vehemently opposed the prayer for bail of the petitioner and

                         submits that within four months of the marriage the deceased

                         has died and the medical report (postmortem report) suggests

                         that “showing neck twisted, bruise present over the neck and

                         cause of death is due to asphyxia due to compression of neck.”

                                       6. Considering the aforesaid facts and circumstances

                         of the case as well as medical evidence, I am not inclined to

                         enlarge the petitioner on bail in connection with Chainpur P.S.

                         Case No. 354 of 2025                pending in the Court of learned

                         Additional Chief Judicial Magistrate-V, Kaimur at Bhabhua.

                                        7. Prayer is refused.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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