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Patna High Court

Rahul Chaudhary @ Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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-
Patna High Court CR. MISC. No.75836 of 2025(3) dt.21-01-2026
                                            2/4




          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
Patna High Court CR. MISC. No.75836 of 2025(3) dt.21-01-2026
                                            3/4




          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.
           Patna High Court CR. MISC. No.75836 of 2025(3) dt.21-01-2026
                                                       4/4




                                  (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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