Patna High Court
Rahul Chaudhary @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Rahul Chaudhary, was arrested in connection with a dowry death case under Sections 80(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that he and co‑accused demanded a Rs 1,00,000 dowry and caused the death of his sister‑in‑law. The petitioner contended that the allegations were false, that no dowry was demanded, and that the sister‑in‑law died by suicide as indicated by the post‑mortem report, with the petitioner even informing authorities of the death. The State opposed bail, emphasizing the seriousness of the dowry death charge. The court, noting the petitioner’s clean antecedent, the framing of charges, and the circumstances suggesting no foul play, granted bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 480(3) of the BNSS. The bail order required the petitioner’s presence at court dates and stipulated cancellation upon non‑compliance.
Issues considered
- Whether bail should be granted to an accused under Sections 80(2) r/w 3(5) of the Bharatiya Nyaya Sanhita in a dowry death case.
- Whether the post‑mortem finding of suicide and the petitioner’s clean antecedent justify bail despite the seriousness of the charge.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 480(3), 80(2)
Subjects
- dowry death
- bail
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3
- Section 480
- post‑mortem
- suicide
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75836 of 2025
Arising Out of PS. Case No.-243 Year-2024 Thana- SARMERA District- Nalanda
======================================================
Rahul Chaudhary @ Rahul Kumar Son of Late Triloki Chaudhary Resident
Of Village- Hussian Bigha P.s- Sarmera District -Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Sarmera P.S. Case No. 243 of 2024 registered
for the alleged offences under Sections 80(2) r/w 3(5) of
Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, the sister-in-law of the
informant was married with the petitioner on 19.06.2024 and
allegation against the petitioner and other co-accused persons is
that they had been demanding Rs. 1,00,000/- in dowry and the
sister-in-law of the informant was being tortured on account of
non-fulfillment of this demand. Subsequently, on 31.10.2024,
the informant received information about death of her sister-in-
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law in her matrimonial home and when she reached there, she
found the mark of the black injury on the neck of her sister-in-
law.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. No occurrence as alleged in the manner has ever taken
place. No dowry was given at the time of marriage and as the
parties belong to very poor strata of society, the allegation of
demand of dowry is not believable. It was the petitioner who
himself informed about death of his wife to the informant and
this fact has come in the further statement of the informant
made during investigation. The petitioner and other co-accused
persons were present when the informant her family members
reached there and they were found preparing for last rights. This
fact goes on to show that deceased has not died any unnatural
death and if the petitioner and other co-accused persons have
had any hand in the death of the sister-in-law of the informant,
they would not have informed her or would not have remained
present with the dead body. Learned counsel further submits that
there is allegation of strangulating the sister-in-law of the
informant but her postmortem report shows asphyxia due to
ante-mortem hanging and it shows the sister-in-law of the
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informant committed suicide by hanging herself but the
petitioner or any of his family members have no role in the
death of the sister-in-law of the informant. The petitioner is in
custody since 01.11.2024 and is having clean antecedent.
Charges have been framed in this case.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that the
petitioner is a husband and there is serious allegation of causing
dowry death against the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
framing of charges against the petitioner and his clean
antecedent and also considering the period of custody of the
petitioner, he is directed to 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 learned Chief Judicial
Magistrate, Nalanda/court concerned in connection with
Sarmera P.S. Case No. 243 of 2024, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
the petitioner.
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(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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