Patna High Court
Manish SoniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, in view of the lack of corroborative medical evidence and the petitioner's clean antecedents, regular bail under sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, must be granted.
Summary
Manish Soni, the husband of a deceased woman, applied for regular bail in a case registered under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging he killed his wife over dowry demands. The prosecution alleged he pressed the deceased’s neck, but the post‑mortem report and forensic laboratory report did not support the charge. The petitioner claimed innocence, clean antecedents, and had been in custody since 24‑06‑2025. The State opposed bail, arguing the seriousness of the alleged offence. After reviewing the evidence and noting the lack of medical corroboration, the court allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to the petitioner under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 despite the nature of the alleged dowry‑death offence
- Whether the absence of supporting post‑mortem and forensic evidence warrants denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- regular bail
- dowry death
- Bharatiya Nyaya Sanhita
- post‑mortem report
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74881 of 2025
Arising Out of PS. Case No.-333 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Manish Soni S/o Shri Bhagwan Soni @ Bhagwan Soni R/o Village-
Barkagaon, P.S.- Mirganj, Distt- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan
For the Opposite Party/s : Mr. Brajendra Nath Pandey
Mr. Uday Pratap Singh
Mr. Prasoon Shekhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 25-03-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the
informant.
2. The petitioner seeks regular bail in connection with
Mirganj P.S. Case No. 333 of 2025 registered for the offence
under Section(s) 80, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is the
husband of the deceased who is alleged to have killed the
deceased for demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 24.06.2025 and claims clean
antecedent.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
Patna High Court CR. MISC. No.74881 of 2025(5) dt.25-03-2026
2/2
6. I have considered the submissions of the parties and
have gone through the records of the case. From the FIR it
appears that the deceased was taken to the hospital and her
family members were informed. During the investigation, some
witnesses have said that the deceased was ill from before and
was being treated at different points of time. The allegation
against the petitioner and others is of pressing the neck of the
deceased and killing her but the post-mortem report doesn’t
support the prosecution case. Nothing has come against the
petitioner in the FSL Report also.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Mirganj P.S. Case
No. 333 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
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