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Patna High Court

Sakal Dhari ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Sakal Dhari Chaudhary, was charged under Sections 80(2) and 238/3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly killing a woman in a dowry dispute. He pleaded innocence, asserting that as the deceased's father‑in‑law he had no role in the incident, and highlighted his advanced age and serious health ailments, having been in judicial custody since 9 March 2025. The State opposed his request for regular bail. The Court, considering the petitioner’s age, health, and length of custody, allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties of the same amount. The judgment expressly noted that its observations were prima facie and not a determination on the merits of the underlying criminal case.

Issues considered

  • Whether regular bail should be granted to an elderly, infirm accused charged with dowry‑death offences under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • dowry death
  • elderly accused
  • health considerations
  • Bharatiya Nyaya Sanhita
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2563 of 2026
                      Arising Out of PS. Case No.-236 Year-2024 Thana- KHIRI MORE District- Patna
                 ======================================================
                 Sakal Dhari Chaudhary S/o Kudhan Chaudhary R/o Village - Barahamil,
                 Pariyari Ka Tola, P.S - Kinjar, District - Arwal, Pin - 804426 Permanent R/o
                 Village - Piyarpura, Post - Nagla Kinger, P.S - Paliganj, District - Patna, Pin -
                 804423

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pratik Kumar Sinha
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   31-03-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Khirimore (Piyarpura) P.S. Case No. 236 of 2024 registered for

                   the offence under Section(s) 80(2), 238/3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is

                   accused of killing the deceased for demand of dowry.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in the

                   present case. It is further submitted that the petitioner, being the

                   father-in-law of the deceased, has no role in the alleged

                   occurrence. It is also contended that the petitioner is an elderly
            Patna High Court CR. MISC. No.2563 of 2026(4) dt.31-03-2026
                                                        2/2




                      person suffering from various ailments and has remained in

                      judicial custody since 09.03.2025.

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

                      opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances,

                      the age of the petitioner and the period of custody, this

                      application for regular bail is allowed.

                                   7. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Khiri More

                      (Piyarpura) P.S. Case No. 236 of 2024.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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