Patna High Court
Dinanath ChaubeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs 10,000 with two sureties.
Summary
The petitioner, Dinanath Chaubey, father‑in‑law of the deceased Ansu Kumari, was arrested in connection with a dowry‑death case (Vishambharpur PS Case No. 235 of 2025) under Sections 80, 238, 61(2) and 3(5) of the B.N.S., 2023 and Section ¾ of the Dowry Prohibition Act. The prosecution alleged that the deceased was subjected to cruelty for non‑payment of dowry and was found dead behind her matrimonial house on 25 December 2025. The petitioner contended that he was falsely implicated, had no criminal antecedent, was away in Uttar Pradesh two months before the incident, and was merely the father‑in‑law of the victim. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Court found the allegations against the petitioner to be general and not specifically linking him to the murder. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the dowry‑death allegations.
- Whether the evidence on record sufficiently links the petitioner to the commission of the offences under the B.N.S., 2023 and the Dowry Prohibition Act.
Legislation cited
- B.N.S., 2023 — s. 238, 3(5), 61(2), 80
- Dowry Prohibition Act — s. ¾
Subjects
- bail
- dowry death
- Dowry Prohibition Act
- B.N.S. 2023
- criminal procedure
- high court
- father‑in‑law
- cruelty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21745 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
======================================================
Dinanath Chaubey Son of Late Hirdyanand Chaubey Resident of Village-
Vinod Matihaniya, P.S.- Vishambharpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Vishambharpur P.S. Case No. 235 of 2025 PTN No. 6505
of 2025 registered for the offence punishable under Sections 80,
238, 61(2) and 3(5) of the B.N.S., 2023 and Section ¾ of the
Dowry Prohibition Act.
3. The case of the prosecution, in short, is that one
Ansu Kumari (deceased) was married with Amit Chaubey on
17.07.2024 and at the time of marriage sufficient gifts were
given. She was being subjected to cruelty on account of non-
fulfillment of dowry demand by her-in-laws. It is alleged that on
24.12.2025, the deceased called her mother and said that she
was being assaulted by her in-laws due to non-fulfillment of
Patna High Court CR. MISC. No.21745 of 2026(3) dt.01-07-2026
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demand of a four wheeler. On 25.12.2025 the son-in-law of the
informant informed that the deceased has fled away. When the
informant went to the matrimonial house of the deceased, the
dead body was found behind the house.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He further submits that the nature of allegation is general
and omnibus. The main thrust of allegation is against the
husband. He further submits that the petitioner is the father-in-
law of the deceased. During the course of investigation, the
independent witnesses have stated that two months prior to the
occurrence, the petitioner had gone to Uttar Pradesh for his
livelihood. Moreover, a statement has been made in para 3 of
the petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 20.02.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
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 enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.21745 of 2026(3) dt.01-07-2026
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bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Gopalganj in connection with
Vishambharpur P.S. Case No. 235 of 2025 PTN No. 6505 of
2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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