Patna High Court
Sanjay MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 34
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
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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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