Patna High Court
Ramesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 80
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
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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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