Patna High Court
Arjun Kumar @ Arjun MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
Arjun Kumar applied for regular bail in a dowry death case (Darpa P.S. Case No.151 of 2024) under sections 80 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, as husband of the deceased, was involved in her hanging, while the petitioner claimed he was in Madras at the time and that no material linked him to the crime. The court noted the lack of specific allegations against him, his clean criminal record, and the fact that he had been in custody since 14 May 2025. Considering these factors, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Sub‑Divisional Judicial Magistrate, Raxaul.
Issues considered
- Whether regular bail should be granted to the petitioner under sections 80 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 in view of the alleged involvement in a dowry death and the absence of incriminating material.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- regular bail
- alibi
- criminal antecedent
- Bhartiya Nyaya Sanhita
- sections 80
- section 3(5)
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76089 of 2025
Arising Out of PS. Case No.-151 Year-2024 Thana- DARPA District- East Champaran
======================================================
Arjun Kumar @ Arjun Mukhiya Son of Gupta Mukhiya Resident of Village -
Tinkoni, P.S. - Darpa, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Darpa P.S. Case no.151
of 2024 registered under sections 80 and 3(5) of the Bhartiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that her niece who was married to the petitioner herein was done
to death by the accused persons including the petitioner herein.
She was hanged for dowry.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case only for the
Patna High Court CR. MISC. No.76089 of 2025(4) dt.11-02-2026
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reason that he happens to be the husband of the deceased. It is
submitted that the informant in her further statement has stated
about the petitioner working in Madras and that on the date of
occurrence also he was in Madras. No material has transpired in
course of investigation to connect the petitioner with the alleged
crime. The petitioner is in custody since 14.5.2025 and has no
criminal antecedent.
5. The application for bail is opposed by learned A.P.P
for the State who submits that the petitioner is the husband of
the deceased. However learned A.P.P does not deny that on the
date of occurrence, it has transpired in course of investigation
that the petitioner was in Madras where he works. Further no
specific allegation has been raised so far as this petitioner is
concerned.
6. Having heard learned counsel for the parties and
taking into consideration the submissions made as noted herein
above, the material that has transpired in course of investigation,
the petitioner having remained in custody since 14.5.2025 and
charge-sheet having been submitted in the case together with the
petitioner not having any criminal antecedent, the petitioner is
directed to be enlarged on bail in connection with Darpa P.S.
Case no.151 of 2024 on furnishing bail bond of Rs.10,000/-
Patna High Court CR. MISC. No.76089 of 2025(4) dt.11-02-2026
3/3
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Sub Divisional Judicial
Magistrate, Raxaul, East Champaran, Motihari.
(Partha Sarthy, J)
Shiv/-
U T
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