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Patna High Court

Brijesh Manjhi @ Brijesh Kumar ManjhiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition for regular bail was denied.

Summary

Brijesh Manjhi was arrested in connection with a dowry‑related death case (PS Case No. 342 of 2025) and charged under Sections 80(2), 238(b) and 3(5) of the Bihar Negotiable Statutes (BNS). The petitioner claimed innocence, asserting that his wife died of a heart attack and that the family performed the cremation without any foul play, and sought regular bail. The State and the informant opposed bail, highlighting the absence of a post‑mortem, the cremation of the body before investigation, and the seriousness of the alleged dowry‑death offence. The court, after hearing both sides, declined to grant bail, noting the need for a thorough investigation and the risk of tampering with evidence. The court allowed the petitioner to re‑apply for bail after six months if the trial remained pending and directed the trial court to expedite the proceedings.

Issues considered

  • Whether regular bail can be granted to the accused in a dowry‑death case under Sections 80(2), 238(b) and 3(5) of the BNS.
  • Whether the lack of a post‑mortem and the cremation of the body before investigation justify denial of bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • cruelty
  • postmortem
  • criminal procedure
  • BNS
  • Section 80(2)
  • Section 238(b)
  • Section 3(5)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70668 of 2025
                     Arising Out of PS. Case No.-342 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Brijesh Manjhi @ Brijesh Kumar Manjhi S/o- Manik Chand Manjhi @ Manik
                 Chand R/v- Jagdishpur Ps- Marhaura Dist- Saran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Harsh Anuj, Advocate
                 For the State          :        Mr. Sanjay Kumar Singh, APP
                 For the informant      :        Mr. Suresh Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   25-02-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the Informant.

                                 2. The petitioner has prayed for regular bail in

                   connection with Marhaura P.S. Case No. 342 of 2025 instituted

                   for the offence under Sections 80(2), 238(b) and 3(5) of BNS.

                                 3. The case of the prosecution is that the petitioner

                   was married to one Nilu Devi (deceased). It is further alleged

                   that she was subjected to cruelty on account of non-fulfillment

                   of dowry demand of a motorcycle by her in-laws. It is also

                   alleged on 22.05.2025 the deceased has informed the informant

                   that she was being assaulted by her in-laws. On 23.05.2025, the

                   villagers told the informant that the deceased has died. After

                   this, the informant went to the matrimonial house of the
Patna High Court CR. MISC. No.70668 of 2025(5) dt.25-02-2026
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          deceased but he did not find the deceased at the house. On being

          searched, he came to know that the dead body has been

          cremated.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and committed no offence. He has further

          submitted that the deceased has died of heart attack and that the

          family members of the deceased have participated in the

          cremation. Death is not otherwise, as such, this is not a case

          under Section 80(2) of BNS. A statement has been made in para-

          3 of this petition that the petitioner has got no criminal

          antecedent. Moreover, he is languishing in judicial custody since

          13.06.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have opposed the prayer of regular

          bail. Learned counsel for the informant has submitted that this

          fact has not come during investigation that the informant along

          with his family members has participated in the cremation of the

          deceased and from perusal of the FIR also, it is clear that there

          is no delay in filing of the FIR. It cannot be said that it is a well-

          planned FIR. As the deceased has died in the matrimonial house,

          it was the duty of the in-laws, especially the husband to inform

          the informant and to get the postmortem conducted before
            Patna High Court CR. MISC. No.70668 of 2025(5) dt.25-02-2026
                                                        3/3




                      cremation which has not been done in this case.

                                   6. Having heard the learned counsel for the parties

                      and considering the facts and circumstances of this case as

                      stated above, this court is not inclined to enlarge the petitioner

                      on bail at this stage and, as such, his prayer for bail stands

                      rejected.

                                   7. However, the petitioner will be at liberty to renew

                      his prayer for bail after six months if the trial is not concluded.

                                   8. Learned trial court is directed to expedite the trial

                      and conclude the same as soon as possible.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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