Patna High Court
BHOLA RAJBHARversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 3(5), 80
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
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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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