Patna High Court
Amit MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Amit Mahto, applied for bail in a criminal case registered under Sections 80(2) and 3(5) of the B.N.S., alleging that he was falsely implicated in the death of a woman allegedly caused by dowry demands. The petitioner’s counsel argued that the deceased had been demanding money from the petitioner’s grandmother and threatened suicide, and that a compromise petition filed by the informant supported this version. The State opposed the bail, maintaining the seriousness of the dowry‑death allegation. After considering the facts, the court found merit in the petitioner’s claim of innocence and ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and compliance with court appearances. The bail is to remain in effect until the framing of charge.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged dowry death under Sections 80(2) and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- criminal procedure
- Section 80(2) B.N.S.
- Section 3(5) B.N.S.
- compromise petition
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65835 of 2025
Arising Out of PS. Case No.-158 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Amit Mahto Son of Late Umesh Mahto R/O Vill- Jitwarpur Kanhaiya Chock,
P.S.- Muffasil, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Adv.
For the Opposite Party/s : Mr. J. N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered under
Sections 80(2) & 3(5) of B.N.S.
3. Allegation against the accused persons including the
petitioner is of torturing and causing death of the victim due to
non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and he has falsely been implicated in
this case. By drawing my attention towards paragraphs-34 & 35
of the case diary, learned counsel has submitted that the
witnesses have stated that the deceased was demanding money
of pension from the grandmother of the petitioner and she used
Patna High Court CR. MISC. No.65835 of 2025(4) dt.29-01-2026
2/2
to threaten to commit suicide if the money is not paid to her. It
has also been submitted that the informant has filed a
compromise petition in which, he has stated the same version. In
paragraph-3 of compromise petition, the informant has stated
that some quarrel took place between the deceased and her
mother-in-law and thereafter, she committed suicide by hanging
herself through ceiling fan. The petitioner is under custody since
27-04-2025.
5. Learned counsel appearing for the State has opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner, be released on bail on furnishing bail bonds of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Samastipur in connection with Muffasil P.S. Case No. 158 of
2025 with condition that the petitioner will appear in the
court below on each and every date fixed in the case, till
framing of charge.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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