Patna High Court

Rakesh KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The court held that bail cannot be granted as the petitioner, being the husband of the deceased, is presumed liable under Section 80 of the Bharatiya Nyaya Sanhita, 2023.

Summary

The petitioner, Rakesh Kumar, sought bail in a dowry death case (PS Makhdumpur Case No. 641 of 2024) filed under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, together with family members, tortured and killed his wife for non‑payment of dowry. The petitioner contended that he was falsely implicated, had no specific overt act alleged against him, and possessed no prior criminal record. The State argued that, as the husband of the deceased, the statutory presumption under Section 80 made him liable, and therefore bail should not be granted. The High Court, considering the presumption and the petitioner’s relationship to the victim, refused bail, directed the trial court to expedite the trial, and allowed the petitioner to renew the bail application if the trial exceeds six months.

Issues considered

Whether bail should be granted to the husband accused of dowry death under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Whether the statutory presumption under Section 80 applies to make the petitioner liable despite lack of specific overt act allegations.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80

Subjects

bail
dowry death
presumption of guilt
Bharatiya Nyaya Sanhita
criminal procedure
husband-wife relationship

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75301 of 2025
                  Arising Out of PS. Case No.-641 Year-2024 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Rakesh Kumar S/O Siya Sharan Chaudhary R/O Village- Bandeya Tola Mali
                 Bagicha, PS- Makhdumpur, Dist- Jehaanabad
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Umesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
4   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Makhdumpur P.S. Case No. 641 of 2024 instituted for the

                   offences under Sections 80/3(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 submits that general and omnibus allegation has

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

                   against the petitioner. It has been submitted on behalf of the
           Patna High Court CR. MISC. No.75301 of 2025(4) dt.04-02-2026
                                                       2/2




                     petitioner that the petitioner is in custody since 20.06.2025 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 learned Trial Court

                     if the trial is not concluded within a period of six months from

                     today.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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