Patna High Court
Pawan Baitha @ Pavan BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Pawan Baitha, was arrested in connection with a dowry death case under Sections 80(I), 238, 61(2) and 3(5) of the BNS. The prosecution alleged that the petitioner and others demanded dowry and, upon non‑payment, murdered the informant's sister and attempted to cremate the body. The petitioner, who is the husband of the deceased, argued that the primary witness did not support the prosecution and that the death was due to an ailment, and he has a clean antecedent. The State opposed bail, but the court considered the length of custody, the lack of corroborative evidence, and the petitioner's background. The court allowed regular bail on a bond of Rs.10,000 with two sureties, directing release pending trial.
Issues considered
- Whether regular bail should be granted to the accused in a dowry death case under the cited sections of the BNS.
Legislation cited
- BNS — s. 238, 3(5), 61(2), 80(I)
Subjects
- dowry death
- regular bail
- criminal procedure
- BNS
- murder
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57222 of 2025
Arising Out of PS. Case No.-218 Year-2024 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
Pawan Baitha @ Pavan Baitha S/O Bhikhari Baitha R/O Village- Hazratpur,
P.S.- Rampur Hari, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Anand , Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 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 80 (I), 238 , 61 ( 2 ) and 3 (5)
of BNS.
3 . It is a case of dowry death. The prosecution case , in brief,
is that marriage of sister of informant was solemnized with this
petitioner three years ago. After marriage , all the accused persons,
including this petitioner started demanding dowry and on the fateful
day , due to non-fulfillment of the same , accused persons committed
murder of sister of informant and took the dead to a nearby forest
for cremation .
4. Learned counsel for the petitioner submitted that petitioner
is husband of the deceased. During trial, PW 1 has not supported the
prosecution case and stated that deceased died due to ailment.
Patna High Court CR. MISC. No.57222 of 2025(3) dt.12-02-2026
2/2
Petitioner is in custody since 01.02.2025 . Petitioner claims clean
antecedent.
5 . Learned A.P.P. for the State vehemently opposes the bail
application .
6. Considering the period of custody , 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
ACJM- 9 East, Muzaffarpur in connection with Rampur P. S.
Case No. 218 of 2024 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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