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Patna High Court

Madhesh Mistri @ Madhesh Kumar Chaudhary @ Madhesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
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                      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


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