Patna High Court
Ashish Kumar Mohli @ Ashish Kumar Mahli @ Ashish Kumar MaholiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Ashish Kumar Mohli, was arrested in connection with a dowry harassment case where the victim alleged that after their marriage in 2020, the petitioner and his in‑laws demanded Rs 5 lakhs as dowry, subjected her to mental and physical torture, and later burned her private parts. The petitioner claimed the allegations were false, asserting a consensual relationship and no dowry demand. The State opposed bail, citing the victim’s statement under Section 183 of the Bharatiya Nyaya Sanhita and supporting medical evidence. The court examined the seriousness of the offences listed under the BNSS and the Dowry Prohibition Act and found the gravity warranted continued custody. Consequently, the bail petition was rejected and the trial court was directed to expedite the trial.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged dowry harassment, assault, and related offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 64(1), 76
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry harassment
- criminal procedure
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- sexual assault
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 77034 of 2025
Arising Out of PS. Case No.-142 Year-2025 Thana- KADWA District- Katihar
======================================================
Ashish Kumar Mohli @ Ashish Kumar Mahli @ Ashish Kumar Maholi S/o
Kailash Maholi R/o Village- Mohmadpur, P.S.- Kadwa, District- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sapna Kumari D/o Pradip Kumar Mohali Resident of Mohammadpur, P.O.-
Durgaganj, P.S.- Kadwa, District- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Kumar Jha, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Kadwa
P.S. Case No. 142 of 2025, instituted for the offences under
Sections 126(2), 115(2), 76, 303(2), 64(1), 352, 351(2), 351(3),
3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of
the Dowry Prohibition Act.
3. The prosecution case, in brief, is that marriage of
the informant solemnized with the petitioner on 03.07.2020.
After solemnization of the marriage, the in-laws including the
petitioner, started demanding Rs.Five Lakhs as dowry and
tortured her mentally and physically. It is alleged that later,
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petitioner started committing unnatural sexual intercourse with
the informant and on protest, the petitioner burnt the private
parts of the informant by means of hot rod.
4. Learned counsel for the petitioner submitted that the
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submitted that, as a matter
of fact, there was love affair between the petitioner and the
victim and he performed marriage with the informant. He
further submitted that the marriage took place in the year 2020
more than five years ago and any allegation of demand of dowry
and torture for the sake of dowry are all false and unbelievable.
It has been submitted on behalf of the petitioner that the
petitioner is in custody since 26.06.2025 and has no criminal
antecedent.
5. Learned A.P.P. for the State vehemently opposed the
prayer for grant of bail to the petitioner. Learned APP further
submitted that victim in her statement recorded under Section
183 of the BNSS has corroborated the contents of the FIR and
the same is further substantiated by the medical report of the
victim, and therefore, the petitioner does not deserve to be
released on bail.
6. Considering the aforesaid facts and circumstances
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of the case, nature and gravity of offences, this Court is not
inclined to grant bail to the petitioner at this stage.
7. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
8. Learned Trial Court is directed to expedite the trial.
(Rudra Prakash Mishra, J)
manish/-
U T
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