Patna High Court

Chandan Kumar Ray @ Chandan KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Chandan Kumar Ray, sought bail in a case (Maker PS Case No.86 of 2024) alleging offences under Sections 304B and 34 of the Indian Penal Code for the alleged dowry‑related murder of his wife. The prosecution alleged that the petitioner, together with family members, tortured and killed the deceased for non‑payment of dowry. The petitioner’s counsel contended that he was falsely implicated, that no specific overt act was attributed to him, and that the post‑mortem report indicated the deceased had committed suicide. The State opposed the bail application. Considering the charge‑sheet, the lack of specific incriminating material against the petitioner, his clean record and the period of custody already served, the court inclined to grant bail. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the accused in a dowry‑death case under Sections 304B and 34 IPC.
Whether the evidence, including the post‑mortem report indicating suicide, is sufficient to deny bail.
Whether the petitioner’s alleged lack of specific overt acts warrants bail despite the seriousness of the charges.

Legislation cited

Indian Penal Code — s. 304B, 306, 34

Subjects

bail
dowry death
IPC Section 304B
IPC Section 34
suicide
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2415 of 2026
                         Arising Out of PS. Case No.-86 Year-2024 Thana- MAKER District- Saran
                 ======================================================
                 Chandan Kumar Ray @ Chandan Kumar S/O Late Parma Ray R/O Vill.-
                 Fulwariya, P.S- Maker,Dist.- Saran at Chapra
                                                                     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Binod Singh, Advocate
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
3   23-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with Maker

                   P.S. Case No. 86 of 2024 instituted for the offences under

                   Sections 304B, 34 of the Indian Penal Code.

                               3. Prosecution case, in short, is that the petitioner

                   alongwith the family members tortured and killed the deceased

                   for the non-fulfillment of demand of dowry.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is the husband of the deceased. Learned counsel for

                   the petitioner submits that general and omnibus allegation has

                   been made against the             petitioner. No specific overt act is

                   alleged against the petitioner. Learned counsel further submitted

                   that, as a matter of fact, the deceased herself committed suicide
           Patna High Court CR. MISC. No.2415 of 2026(3) dt.23-02-2026
                                                       2/2




                     which is evident from the post-mortem report and this petitioner

                     never tortured or killed her. Learned counsel further submitted

                     that police, after completion of investigation, submitted charge-

                     sheet under Sections 306/34 of the Indian Penal Code. It has

                     been submitted on behalf of the petitioner that the petitioner is

                     in custody since 28.07.2025 and has no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                   6. Considering the aforesaid facts and circumstances

                     of the case and the submission of the charge-sheet in the

                     aforesaid Sections as also the period of custody undergone by

                     the petitioner, this Court is inclined to grant bail to the

                     petitioner.

                                   7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Maker P.S. Case No.

                     86 of 2024.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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