Patna High Court

Rakesh ChakrabortyversusThe State of Bihar

Decided: 10 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner under Section 80 of the BNS.

Summary

Rakesh Chakraborty was arrested in connection with the death of his wife, Shalu Kumari, who allegedly died after a dowry dispute. The prosecution alleged that the in‑laws, possibly with the petitioner’s involvement, murdered her, but the post‑mortem report showed no external injuries and the cause of death could not be ascertained. The petitioner pleaded innocence, asserted no criminal antecedent, and had been in judicial custody since 26‑05‑2025. He sought regular bail under Section 80 of the BNS, arguing that the lack of forensic evidence did not justify continued detention. After hearing both sides, the court held that the circumstances warranted bail and ordered his release on a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail under Section 80 of the BNS given the lack of conclusive forensic evidence.
Whether the absence of external injuries and an undetermined cause of death justify granting bail.

Legislation cited

Bihar Negotiable Instruments Act — s. 80

Subjects

bail
dowry death
murder
Section 80
post‑mortem report
criminal antecedent
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80181 of 2025
                 Arising Out of PS. Case No.-379 Year-2024 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Rakesh Chakraborty S/o Ravi Chakraborty R/o Village - Bangali Colony, P.S -
                 Chhatauni, District - East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar, Advocate
                 For the Opposite Party/s :      Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   10-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 80 of BNS.

                                3. The case of the prosecution is that one Shalu

                   Kumari (deceased) was married to the petitioner. It is alleged

                   that she was subjected to cruelty on account of non-fulfillment

                   of dowry demand by her in-laws. On 12.09.2024, the deceased

                   has called the informant that as you have not paid the dowry, she

                   is returning to her maika. At about 12:00 hours, the cousin

                   brother-in-law of the deceased informed that the deceased has

                   died. After this, the informant went to the matrimonial house of

                   the deceased where she found her dead. The informant believes

                   that the deceased has been killed by the in-laws along with the
Patna High Court CR. MISC. No.80181 of 2025(4) dt.10-02-2026
                                            2/3




          petitioner.

                        4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that the deceased died

          natural death as such, section 80 of BNS was not attracted. He

          has further submitted that from perusal of the postmortem

          report, it will transpire that the doctor conducting the autopsy of

          the deceased has found no external injury on the person of the

          deceased. The cause of death could not be ascertained, hence,

          viscera has been preserved. Learned counsel has also submitted

          that though there is allegation that the in-laws have killed her

          but the postmortem report shows that there was no external

          injury on the person of the deceased. A statement has been made

          in para-3 of this petition that the petitioner has got no criminal

          antecedent. Moreover, he is languishing in judicial custody since

          26.05.2025.

                        5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                        6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with
            Patna High Court CR. MISC. No.80181 of 2025(4) dt.10-02-2026
                                                        3/3




                      Chhatauni P.S. Case No. 379 of 2024 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      East Champaran.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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