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Patna High Court

Dinanath ChaubeyversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                       3/3




                     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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