Patna High Court
Sakal Dhari ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 238/3(5), 80(2)
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
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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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