Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court ordered the release of the petitioners on bail subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, three brothers, sought protection from arrest in a dowry death case (Giriyak P.S. Case No. 428 of 2025) filed under Sections 80(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that the informant's sister was demanded Rs. 5 lakh as dowry, was tortured when the demand was not met, and subsequently died while pregnant, with injuries observed on her body. The petitioners contend they are innocent, deny any dowry demand or torture, and claim the death resulted from a pre‑existing medical condition and a fall. The informant’s counsel countered with evidence of injuries and pregnancy. Considering the vague nature of the allegations, the fact that the husband of the deceased is already in custody, and the possibility of false accusation, the court granted bail to the petitioners subject to a Rs. 10,000 bond per petitioner, two sureties, and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioners pending trial in a dowry death case under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 80(2)
Subjects
- dowry death
- bail
- false accusation
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3
- Section 482
- pregnancy
- medical negligence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28919 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
1. Chandan Kumar S/O Nandu Prasad R/O Village - Bishunpur, P.S-Giriyak
(Pawapuri), District- Nalanda (Bihar).
2. Sunil Kumar Son of Nandu Prasad R/O Village - Bishunpur, P.S-Giriyak
(Pawapuri), District- Nalanda (Bihar).
3. Suraj Kumar Son of Nandu Prasad R/O Village - Bishunpur, P.S-Giriyak
(Pawapuri), District- Nalanda (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
For the Informant : Mr. Kundan Kumar, Advocate
Mr. Diwakar Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioners and learned
APP for the State as well as learned counsel for the informant.
02. In the present case, the petitioners are
apprehending their arrest in connection with Giriyak P.S. Case
No. 428 of 2025 registered for the alleged offence under
Sections 80(2) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, the sister of the informant
was married with co-accused Deepak Kumar on 11.05.2025.
The allegation is that the husband of the sister of the informant
and her in-laws had been demanded Rs. 5 lakh in dowry and
when the demand was not met, she was tortured. Subsequently,
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the informant was informed by the husband of his sister about
illness of his sister and when the informant reached the hospital,
he found his sister dead.
04. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. No occurrence in the manner as alleged has ever taken
place. The petitioners are the brothers of the husband of the
deceased and they never demanded any dowry and never
tortured the sister of the informant and have no role in her death.
In fact, the allegation of demand of dowry and due to its non-
fulfillment, consequent torture is completely false and
concocted. Learned counsel further submits that the deceased
had been suffering from some serious mental ailment prior to
her marriage and she was under treatment of the doctor and was
on medicines. Unfortunately, she fell down and fainted and
thereafter, she was taken by her husband to hospital. However,
she died and was declared dead at the hospital where she had
been admitted for the last time. Learned counsel further submits
that the husband of the deceased himself gave this information
to the informant about his sister being ill and being taken to
hospital. The husband of the deceased is in custody and
the petitioners were living separately have also been made
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accused in this case. The petitioners are having clean
antecedent.
05. Learned APP for the State as well as learned
counsel for the informant vehemently oppose the submission
made on behalf of the petitioners. Learned counsel for the
informant submits that the injury was observed on the forehead
and hands of the deceased and the deceased was found pregnant
with eight weeks of pregnancy.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
fact that petitioners are in-laws and husband of the deceased is
already in custody and further considering the vague nature of
allegation and possibility of false accusation, let the petitioners
above named, in the event of their arrest or surrender before the
court concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Nalanda at Biharsharif/court concerned in
connection with Giriyak P.S. Case No. 428 of 2025, subject to
the condition laid down under Section 482(2) of BNSS and
other following conditions:
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(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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