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Patna High Court

Ramesh MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Ramesh Mahto, was arrested in a dowry death case (PS Ahiyapur Case No. 54 of 2025) under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for bail, claiming he was falsely implicated, that no specific overt act was alleged against him, and that he has no prior criminal record. The State opposed bail, arguing that as the husband of the deceased, the onus of the dowry death rests on him and he should not be released. The Court, considering the petitioner’s relationship to the victim and the seriousness of the alleged offences, declined to grant bail and directed the trial court to expedite the trial. The Court, however, allowed the petitioner to renew the bail application before the trial court if the trial is not concluded within four months.

Issues considered

  • Whether bail can be granted to the husband of a deceased woman in a dowry death case under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the absence of a specific overt act against the petitioner justifies bail.
  • Whether the onus of proof in a dowry death case lies on the husband, precluding bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • husband
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72792 of 2025
                    Arising Out of PS. Case No.-54 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Ramesh Mahto Son of Damodar Mahto Resident of Basauli Bishunpur
                 Narayan, P.S. - Ahiyapur(Garha O.P.), Dist. - Muzaffarpur.
                                                                            ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Shankar Mahto Son of Late Persan Mahto Resident of Khetalpur, P.S. -
                  Shahi Minapur, P.S. - Aurai, Dist. - Muzaffarpur.
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amir Alam, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   13-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Ahiyapur (Garha O.P.) P.S. Case No. 54 of 2025 instituted for

                   the offences under Sections 80/238, 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.72792 of 2025(4) dt.13-01-2026
                                                       2/2




                     been made against the petitioner. No specific overt act is alleged

                     against the petitioner. It has been submitted on behalf of the

                     petitioner that the petitioner is in custody since 11.01.2025 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 since the

                     petitioner is the husband of the deceased, the onus lies upon him

                     in this case of dowry death and therefore, the petitioner does not

                     deserve to be released on bail.

                                  6. Considering the aforesaid facts and circumstances

                     of the case as also the petitioner being the husband of the

                     deceased, this Court is not inclined to grant bail to the

                     petitioner.

                                  7. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.

                                  8. Learned Trial Court is directed to expedite the trial.

                                  9. However, liberty is granted to the petitioner to

                     renew the prayer for grant of bail before the Trial Court if the

                     trial is not concluded within a period of four months from today.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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