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Patna High Court

Pintu Chaudhary @ Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, ordering release on a bond with sureties.

Summary

Petitioner Pintu Chaudhary was arrested in connection with a dowry‑related homicide case (Goh PS Case No. 313 of 2024) involving the death of his wife. The prosecution alleged that dowry demands led to the wife's torture and death, charging the petitioner under several sections of the Indian Penal Code. The petitioner’s counsel argued his innocence, citing post‑mortem and viscera reports that showed no external injuries or poison, and highlighted the absence of a prior complaint, lack of criminal record, and the fact that trial evidence had not yet commenced. The State opposed bail, emphasizing the seriousness of the offences. Considering the lack of forensic evidence, the pending nature of the trial, and the petitioner’s clean record, the court ordered bail on a bond of Rs. 10,000 with two sureties, allowing the application.

Issues considered

  • Whether bail should be granted to the petitioner pending trial for offences under the Indian Penal Code relating to dowry death and related charges.
  • Whether the presumption of guilt under dowry death provisions applies in the absence of forensic evidence of foul play.
  • Whether the delay in trial and lack of commencement of evidence justify the grant of bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • Indian Penal Code
  • presumption of guilt
  • forensic evidence
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 74120 of 2025
                       Arising Out of PS. Case No.-313 Year-2024 Thana- GOH District- Aurangabad
                 ======================================================
                 Pintu Chaudhary @ Pintu Kumar S/o Hiralal Chaudhary R/o Village- Sareya
                 (Kasdihara Morh), P.S.- Goh, District- Aurangabad
                                                                       ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Dharmendra Chaudhari S/o Ashok Chaudhary R/o Village- Kurhama, P.S.-
                  Jamhor, District- Aurangabad
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vishwa Ranjan Choudhary
                 For the Opposite Party/s :       Mr.Rajendra Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

6   28-04-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Goh P.S. Case No. 313

                   of 2024 registered for the offences punishable under Sections

                   191(2), 191(3), 190, 126(2), 115(2), 118, 109, 80, 103 of the

                   B.N.S.

                                3. As per the prosecution case, the sister of the

                   informant was married with this petitioner five years ago and

                   after the marriage, demand of dowry was made and due to non

                   fulfillment of the same, his sister was tortured and subsequently

                   she was ousted from the matrimonial home and was also

                   assaulted by means of tangi by one Mantu Chaudhary and his

                   family members, subsequently her sister was done to death.

                                4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No. 74120 of 2025(6) dt.28-04-2026
                                            2/3




          that the petitioner is innocent and has falsely been implicated in

          this case. It has further been submitted that the petitioner is the

          husband of the deceased and he very much loved his wife and

          upon post mortem examination of the deceased, the autopsy

          surgeon has found no external and internal injury on the person

          of the deceased and the opinion regarding death was reserved

          awaiting the report of viscera. Learned counsel for the petitioner

          has drawn attention of this Court towards report of viscera

          examination, which was called for earlier by order dated

          11.02.2026, and submitted that no metallic, alkaloidal,

          glycosidal, pesticidal and volatile poison could be detected in

          the contents of plastic jar marked B. Moreover, out of the

          wedlock, a girl child has been born, who is aged about three

          years, and there is no one to care of her, the post mortem report

          and viscera report suggests that the death of the deceased was

          not unnatural one, and it has been submitted that she was being

          treated for tuberculosis. Learned counsel draws the attention of

          this Court to Annexure-2 series, wherein the treatment details of

          the deceased have been brought on record which are of

          government hospital. It has been further submitted that no

          complaint whatsoever was made since last five years when the

          deceased was married and, therefore, the presumption
             Patna High Court CR. MISC. No. 74120 of 2025(6) dt.28-04-2026
                                                         3/3




                       would not lie against the petitioner. It has lastly been submitted

                       that the petitioner has got no criminal antecedent and he is in

                       custody since 22.10.2024 and from the report regarding the

                       stage of trial court, which was called for earlier, it transpires that

                       evidence has not been started in this case and hence the trial is

                       not      likely      to      be      concluded        in   near   future.

                       Charge sheet has been submitted and the investigation is

                       complete and there is no allegation of tampering against the

                       petitioner.

                                     5. Learned APP for the State has vehemently opposed

                       the prayer for bail of the petitioner.

                                     6. Considering the aforesaid submissions of the

                       parties and taking into account the facts and circumstance of the

                       case, let the petitioner above-named, be enlarged on bail on

                       furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                       with two sureties of the like amount each to the satisfaction of

                       learned Court concerned, Goh P.S. Case No. 313 of 2024.

                                     7. The application stands allowed.



                                                  (Praveen Kumar, J)
niku/-

U        T


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