Patna High Court
RAGHUBAR BINDversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Raghubar Bind, was arrested in connection with a case under Section 80 read with Section 3(5) of the B.N.S., 2023, alleging dowry harassment and cruelty leading to the death of his wife, the daughter of an informant. The prosecution claimed the petitioner and his mother assaulted the deceased and demanded a motorcycle and a ring, while the defence argued that the deceased died by suicide by hanging, with no external injuries or evidence of dowry demand. The petitioner’s counsel highlighted the clean antecedent, lack of material evidence, and the post‑mortem report indicating asphyxia as the cause of death. The State opposed bail, maintaining that the death occurred within seven years of marriage, satisfying the statutory period for dowry‑related offences. The court, noting the absence of violence marks, the medical opinion, the petitioner’s clean record, and the prolonged custody, ordered bail on a Rs.10,000 bond with two sureties and conditions under Section 480(3) of the B.N.S.S. The bail was granted subject to compliance with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under Section 80 read with Section 3(5) of the B.N.S., 2023.
- Whether the evidence, including the post‑mortem report, sufficiently establishes a dowry‑related offence.
- Whether the petitioner’s clean antecedent and period of custody justify the grant of bail under Section 480(3) of the B.N.S.S.
Legislation cited
- B.N.S., 2023 — s. 3(5), 80
- B.N.S.S. — s. 480(3)
Subjects
- bail
- dowry harassment
- Section 80
- Section 3(5)
- Section 480(3)
- post‑mortem report
- suicide
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23 of 2026
Arising Out of PS. Case No.-139 Year-2025 Thana- SONHAN District- Kaimur (Bhabua)
======================================================
Raghubar Bind S/o Chhathu Bind, R/o Village- Baghi, P.S.- Sonhan, District-
Kaimur at Bhabua.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Session Trial No. 326 of 2025, arising out of
Sonhan P.S. Case No. 139 of 2025 dated 18.07.2025, registered
for the offences punishable under Section 80 read with Section
3(5) of the B.N.S., 2023.
3. As per the prosecution case, petitioner was
married with the daughter of the informant who died within
three years of her marriage in her matrimonial home. The
allegation against the petitioner and co-accused mother is that
they used to assault and torture the daughter of the informant
and they have been demanding motorcycle and a ring. Further
allegation is that they used to call the deceased barren as she
was not able to give birth to any child.
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4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. No occurrence in the
manner as alleged has ever taken place. There is no material on
record to show that any demand of dowry was made or any
article was ever demanded, though more than three years have
elapsed since marriage. There is complete lack of cogent
material or evidence in support of dowry demand. The post-
mortem report does not show any external injury and only a
ligature mark has been found on the neck of the deceased and
opinion has been given that she died due to asphyxia leading to
cardio-respiratory failure by hanging. As no sign of violence
mark has been found on the body, it shows the allegation that
the deceased was being assaulted and treated with cruelty is
false and concocted. Over some petty matter, wife of the
petitioner committed suicide and died and when he came to
know about the occurrence, he informed the parents of the
deceased. Learned counsel further submits that it has come in
the statement of the witnesses who were examined during
investigation that quarrel used to take place for the reason that
the deceased was not able to give birth to any child and she was
called barren by the petitioner and co-accused, perhaps for this
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reason the daughter of informant committed suicide. Learned
counsel next submits that petitioner is having clean antecedent
and chargesheet has been submitted. Learned counsel lastly
submits that petitioner is in custody since 19.07.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that daughter of the informant died in her matrimonial
home within seven years of marriage.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of violence marks in the post-mortem report and also
considering the opinion regarding the cause of death and further
considering framing of charge against the petitioner and his
period of custody and clean antecedent, the petitioner, above-
named, is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Additional Session Judge-V, Kaimur at Bhabua / concerned
Court, in connection with Sonhan P.S. Case No. 139 of 2025,
subject to the condition laid down under Section 480(3) of the
B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
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petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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