Patna High Court
Pintu Chaudhary @ Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Indian Penal Code — s. 103, 109, 115(2), 118, 126(2), 190, 191(2), 191(3), 80
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
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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
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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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