Patna High Court

Chandan KumarversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Chandan Kumar, sought bail in a criminal case registered under Sections 80 and 3(5) of the B.N.S. for alleged involvement in dowry harassment and the murder of his wife. The prosecution alleged that the petitioner, along with others, tortured the deceased for dowry and caused her death, while the defence argued that the deceased had committed suicide and the petitioner was falsely implicated. The informant was not an eye‑witness, and the petitioner had no prior criminal record. The court noted that charges had already been framed, the petitioner had been in custody since July 2025, and the nature of the accusation was general and omnibus. Considering the clean antecedents and the circumstances, the court allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite being charged with murder and dowry‑related offences under Sections 80 and 3(5) of the B.N.S.
Whether the framing of charges and the petitioner’s clean antecedents justify bail.
Whether the lack of an eye‑witness and the claim of suicide affect the bail decision.

Legislation cited

B.N.S. — s. 3(5), 80

Subjects

bail
dowry harassment
murder
criminal procedure
Section 80
Section 3(5)
clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69973 of 2025

                         Arising Out of PS. Case No.-138 Year-2025 Thana- ITARHI District- Buxar
                 ======================================================
                 Chandan Kumar S/O Gorakh Singh Resident of Village- Barahana, P.S.-
                 Itarhi, District- Buxar

                                                                                    ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Dr. Kamal Deo Sharma, Advocate
                 For the State            :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   30-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 80 and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that marriage

                   of daughter of informant was solemnized with this petitioner on

                   13.05.2022 and thereafter, all the F.I.R. named accused persons,

                   including this petitioner, committed torture and harassment due

                   to non-fulfillment of demand of dowry and subsequently,

                   committed her murder.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.
Patna High Court CR. MISC. No.69973 of 2025(4) dt.30-01-2026
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          Informant is not an eye witness to the occurrence. Petitioner has

          falsely been implicated in this case merely because he happens

          to be husband of the deceased. As a matter of fact, the deceased

          herself committed suicide. Moreover, charges have already been

          framed against the petitioner on 21.11.2025 and petitioner,

          having no criminal antecedents, is in custody since 27.07.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner and

          submitted that petitioner is named in the F.I.R. with specific

          accusation that he, along with other accused persons, committed

          murder of daughter of informant. Petitioner is husband of the

          deceased who died unnatural death at her matrimonial house

          within seven years of marriage.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, period of

          custody, fact that charges have already been framed against the

          petitioner and clean antecedents, the prayer for grant bail of to

          the petitioner is allowed.

                       7. Accordingly, 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 Chief Judicial Magistrate, Buxar in
             Patna High Court CR. MISC. No.69973 of 2025(4) dt.30-01-2026
                                                         3/3




                       connection with Itarhi P.S. Case No. 138 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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