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Patna High Court

Mantu PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail may be granted in the present case as the evidence does not compel denial of liberty.

Summary

Mantu Prasad was arrested in connection with the alleged dowry‑related death of his wife‑in‑law, who was pregnant and reportedly beaten after a demand for a bike and a gold chain. The prosecution charged him under sections 126(2), 115(2), 85, 80 and 3(5) of the BNS Act and section ¾ of the Dowry Prohibition Act. The petitioner pleaded innocence, asserting that no dowry demand was made, the post‑mortem showed no external injuries, the cause of death was not established and no poison was detected, and he had no prior criminal record. He sought regular bail, having been in judicial custody since 5 January 2026. After hearing both sides, the court noted the lack of conclusive medical evidence and the petitioner’s clean antecedents, and therefore ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties. The bail order was directed to be satisfied by the Chief Judicial Magistrate, Motihari.

Issues considered

  • Whether regular bail can be granted to the accused in a dowry‑death case pending trial
  • Whether the evidence on record is sufficient to justify denial of bail

Legislation cited

Subjects

  • bail
  • dowry death
  • criminal procedure
  • medical evidence
  • presumption of guilt
  • section 126
  • section 115

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20048 of 2026
                 Arising Out of PS. Case No.-316 Year-2025 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Mantu Prasad son of Vakil Prasad Resident of Village- Majhar Tola Shiv
                 nagar PS- Pakaridayal Distt- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Usha Kumari, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   18-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   115(2), 85, 80 and 3(5) of BNS and ¾ of D.P. Act.

                                3. The case of the prosecution is that the daughter of

                   the informant, namely, Punam (deceased) was married to this

                   petitioner. It is alleged that she was subjected to cruelty on

                   account of non-fulfillment of dowry demand of a bike and

                   golden chain. She was pregnant and was carrying a fetus of

                   eight and half months. On 26.05.2025, she was beaten badly. On

                   28.06.2025, the informant got information that the deceased has

                   died.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.20048 of 2026(3) dt.18-05-2026
                                            2/3




          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that there was no

          demand of dowry by the in-laws. It has further submitted that

          she was carrying a fetus of eight and half months. She was

          being treated which is apparent from the supplementary

          affidavit. It has further submitted that from perusal of the

          postmortem report, it transpires that the doctor conducting the

          autopsy of the deceased has not found any external injury on the

          person of the deceased whereas according to the case of the

          prosecution, she was being assaulted badly by the in-laws and

          the petitioner. It has further been submitted that the cause of

          death was not ascertained and the viscera was preserved and

          from perusal of the FSL, it transpires that no metallic,

          alkaloidal, glycosidal, pesticidal or volatile poison could be

          detected in the contents of plastic jars marked A1 to A12 as

          described above. A statement has been made in para-3 of this

          petition that the petitioner has got no criminal antecedent.

          Moreover, he is languishing in judicial custody since

          05.01.2026.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and
            Patna High Court CR. MISC. No.20048 of 2026(3) dt.18-05-2026
                                                        3/3




                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Pakaridayal P.S. Case No. 316 of 2025 on furnishing bail bond

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

                      amount each to the satisfaction of learned C.J.M., Motihari, East

                      Champaran.



                                            (Ashok Kumar Pandey, J)
Shubham/-
Sneha/-

U     T


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