Patna High Court
Girdhari MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Girdhari Mahto, was arrested in connection with a dowry death case (PS Revilganj Case No. 44 of 2025) under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that he, along with family members, tortured and killed the deceased for dowry demands. The petitioner contended that he was falsely implicated, that no specific overt act was alleged against him, and that the deceased had actually committed suicide, a claim supported by independent witnesses. The State opposed bail, but the court noted the absence of direct material against the petitioner and the length of his custody. Consequently, the court granted bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused in a dowry death case under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, given the lack of direct incriminating material.
- Whether the petitioner’s claim of false implication and alleged suicide of the deceased warrants bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- false implication
- suicide
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5534 of 2026
Arising Out of PS. Case No.-44 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Girdhari Mahto S/o- Satendra Mahto R/v- Sheikhpura Ps- Revilganj Dist-
Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mrs. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Revilganj P.S. Case No. 44 of 2025 instituted for the offences
under Sections 80(2), 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that the petitioner
alongwith the family members tortured and killed the deceased
for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is the husband of the deceased. Learned counsel for
the petitioner submitted that general and omnibus allegation has
Patna High Court CR. MISC. No.5534 of 2026(3) dt.11-03-2026
2/3
been made against the petitioner. No specific overt act is
alleged against the petitioner. Learned counsel further submitted
that petitioner never tortured the victim and never demanded
dowry. He further contended that, as a matter of fact, deceased
herself committed suicide and the said fact is further supported
by several independent witnesses. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
03.03.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, there being no direct material against the petitioner
as also the period of custody undergone by the petitioner, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Revilganj P.S. Case No. 44 of 2025,
subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
Patna High Court CR. MISC. No.5534 of 2026(3) dt.11-03-2026
3/3
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…