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Patna High Court

Sanjay MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the informant’s non‑supportive deposition, the petitioner’s clean antecedent and the surrounding circumstances, regular bail could be granted.

Summary

The petitioner, Sanjay Mahto, applied for regular bail in a dowry‑death case where he is accused under Sections 304B and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleges that after marriage, the petitioner and other accused demanded dowry and, on 07‑11‑2023, murdered the deceased sister‑in‑law of the informant when the demand was not met. The informant’s deposition, however, does not support the prosecution and states that the death was due to an ailment. The petitioner has been in custody since 11‑09‑2024 and claims a clean antecedent. The court examined the length of custody, the informant’s non‑supportive testimony, the material on record and the petitioner’s clean record, and concluded that bail was appropriate. Accordingly, the court ordered his release on a bail bond of Rs 10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the accused in a dowry‑death case under Sections 304B, 34 IPC and Sections 3,4 of the Dowry Prohibition Act.

Legislation cited

Subjects

  • dowry death
  • regular bail
  • IPC
  • Dowry Prohibition Act
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28820 of 2025
                 Arising Out of PS. Case No.-258 Year-2023 Thana- MOHAMMADPUR District- Gopalganj
                 ======================================================
                 Sanjay Mahto S/o Bikrama Mahto @ Bikrama @ Butan Mahto Resident of
                 Village- Hathichi Maharani , P.S.- Mohammadpur, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Kumar Harshvardhan, Advocate
                 For the Opposite Party/s :     Mr. Dr.Mrityunjaya Kr.Gautam , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   12-02-2026                         Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                            2. Petitioner seeks regular bail in a case registered for the

                   offences punishable under Sections 304 ( B ) and 34 of IPC and 3/ 4

                   of the D. P Act.

                            3 . It is a case of dowry death. The prosecution case, in brief,

                   is that marriage of sister-in -law of informant was solemnized with

                   this petitioner three years ago. After marriage, all the accused

                   persons, including this petitioner started demanding dowry and

                   ultimately, on 07.11.2023 due to non-fulfillment of the same,

                   accused persons committed murder of sister-in -law of informant.

                            4. Learned counsel for the petitioner submitted that petitioner

                   is husband of the deceased. During trial, informant in her deposition

                   has not supported the prosecution case and stated that deceased died

                   due to      ailment. He is in custody since 11.09.2024 . Petitioner
            Patna High Court CR. MISC. No.28820 of 2025(5) dt.12-02-2026
                                                        2/2




                      claims clean antecedent.

                               5 . Learned A.P.P. for the State vehemently opposes the bail

                      application .

                                    6. Considering the period of custody , deposition of

                      informant, materials available on record and other circumstances

                      of the case , the bail application is allowed . Let the above named

                      petitioner be released on bail on furnishing bail-bond of Rs.

                      10,000/- (ten thousand) with two sureties of the like amount each

                      to the satisfaction of learned Principal sessions Judge Gopalganj

                      Bihar in connection with Mohammadpur P. S. Case No. 258 of

                      2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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