Patna High Court
Chandan Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to standard bail conditions.
Summary
The petitioner, Chandan Kumar Gupta, was arrested in connection with a dowry‑death case (Barhara P.S. Case No. 116 of 2025) under Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. He contended that he was falsely implicated, being the husband of the deceased, that the marriage took place in 2017, and that some witnesses claimed the victim had committed suicide. The petitioner had been in custody since 27‑06‑2025 and had no prior criminal record. The State opposed bail, citing the seriousness of the offences. The Court, after considering the custody period, lack of antecedents and the petitioner's claim of false implication, granted bail subject to a cash bond of Rs. 15,000, two sureties, and conditions of appearance, non‑tampering with evidence and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to an accused in a dowry‑death case under the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act
- Whether the period of custody, lack of prior criminal antecedents and claim of false implication justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 238, 3(5), 80(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76517 of 2025
Arising Out of PS. Case No.-116 Year-2025 Thana- BARHARA District- Bhojpur
======================================================
Chandan Kumar Gupta Son of Late Janki Sah R/O- Village- Chhaprapur, P.S.-
Barhara, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, Advocate
For the informant : Mr. Sheo Jee Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State. Perused
the case diary.
2. The petitioner seeks bail in connection with Barhara
P.S. Case No. 116 of 2025, instituted for the offences under
Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 3 /4 of the Dowry Prohibition Act.
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
Patna High Court CR. MISC. No.76517 of 2025(3) dt.06-02-2026
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been made against the petitioner. He further submitted that the
marriage of the petitioner was performed in the year 2017.
Charge-sheet has been submitted in this case. He further
submitted that F.I.R. has been registered under Sections 80(2),
238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section
3 /4 of the D.P. Act, but Charge-sheet has been submitted
against the petitioner under Sections 108, 238 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023. Some witnesses have also told
that victim committed suicide. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
27.06.2025 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.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Barhara P.S. Case
No. 116 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
Patna High Court CR. MISC. No.76517 of 2025(3) dt.06-02-2026
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close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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