Patna High Court
Mantu PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNS — s. 115(2), 126(2), 3(5), 80, 85
- Dowry Prohibition Act — s. ¾
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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