Patna High Court
Basant ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding no specific allegation against him and deeming the circumstances sufficient for release on bond.
Summary
The petitioner, Basant Chauhan, was arrested in connection with a dowry‑death case (Asthawan P.S. Case No. 276 of 2025) under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The deceased was the daughter of an informant who was allegedly killed by her in‑laws for not meeting dowry demands. The petitioner, who is the father‑in‑law of the deceased, contended that he has no criminal antecedents, was falsely implicated, and that no specific allegation links him to the offence. The prosecution opposed bail, but the court observed that the allegations against the petitioner were general and omnibus, that he had been in custody since 12‑08‑2025, and that the post‑mortem indicated death by hanging/asphyxia. Considering the lack of a specific charge, the petitioner’s clean record, and the circumstances of his detention, the court granted bail on the condition of a Rs.15,000 bond with two sureties.
Issues considered
- What is the applicability of bail provisions under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 to a petitioner facing a dowry‑death charge with no specific allegation?
- Does the presence of an omnibus allegation and the petitioner’s clean record justify the grant of bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- dowry death
- bail
- false implication
- omnibus allegation
- Bharatiya Nyaya Sanhita
- post‑mortem
- asphyxia
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2177 of 2026
Arising Out of PS. Case No.-276 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Basant Chauhan Son of Ram Prit Chauhan Resident of Village- Mahamadpur,
P.S.- Asthawan, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Nath Singh, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Asthawan P.S. Case No. 276 of 2025 instituted for the offence
under Sections 80 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case in short is that daughter of the
informant has been done to death at her matrimonial house by
her in-laws due to non-fulfillment of the demand of dowry.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 12.08.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
Patna High Court CR. MISC. No.2177 of 2026(2) dt.21-01-2026
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counsel that petitioner has been falsely implicated in the present
case. Petitioner is the father-in-law of the deceased. Husband of
the deceased is already in custody. There is no specific
allegation attributed to the petitioner, rather allegation is general
and omnibus in nature. Petitioner is even separate in mess and
property from the husband of the deceased. Postmortem report
suggest the cause of death due to asphyxia as a result of
hanging, which is evident from perusal of the impugned order
itself.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and there being
no specific allegation against the petitioner, this Court is
inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Asthawan P.S. Case
No. 276 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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