Patna High Court
Madhesh Mistri @ Madhesh Kumar Chaudhary @ Madhesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted to the petitioner.
Summary
Madhesh Mistri, the husband of a woman who died under circumstances alleged to involve a dowry demand, was arrested in connection with a dowry‑death case registered under sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He filed an application for regular bail, asserting that he was falsely implicated and that the deceased had actually committed suicide. The prosecution alleged that the deceased was strangled because a dowry demand for a motorcycle was not satisfied. After hearing counsel for both sides, the court considered the seriousness of the allegations and the petitioner’s relationship to the victim and concluded that bail could not be granted. Consequently, the bail application was rejected and the trial court was directed to expedite the trial.
Issues considered
- Whether regular bail can be granted to the accused in a dowry‑death case under sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner’s claim of false implication and lack of criminal antecedent warrants the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- dowry death
- regular bail
- Bharatiya Nyaya Sanhita
- section 80
- section 3(5)
- false implication
- husband
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78226 of 2025
Arising Out of PS. Case No.-49 Year-2024 Thana- BHADHWAR District- Gaya
======================================================
Madhesh Mistri @ Madhesh Kumar Chaudhary @ Madhesh Kumar, S/o Late
Bachu Mistry, R/o Village- Bhokha, P.S- Bhadwar, District- Gayajee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate
Ms. Swati Parmar, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, 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 Bhadhwar P.S. Case
no.49 of 2024 registered under sections 80 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the daughter of the
informant who was married to the petitioner herein was killed
by strangulation on account of non-satisfaction of the demand of
dowry of the accused persons by way of a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case only for the
reason that he happens to be the husband of the deceased. The
deceased committed suicide on account of depression, being
issueless. The petitioner is in custody since 24.12.2024 and has
Patna High Court CR. MISC. No.78226 of 2025(4) dt.11-02-2026
2/2
no criminal antecedent.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R. and the petitioner being the husband of the deceased,
the Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
avinash/-
U T
Checking your session…