Created by Fuzzy Cloud

Patna High Court

Arjun Kumar @ Arjun MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.