Patna High Court
Lalan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail should be granted to the petitioners.
Summary
The petitioners, Lalan Chaudhary and Bindu Devi, were arrested in a dowry‑death case where the deceased allegedly hanged herself. The FIR alleged the petitioners killed the informant’s daughter for non‑payment of dowry, but the informant later withdrew support and did not testify against them. The petitioners, in custody since 26‑07‑2025, sought bail under sections 80 and 3(5) of the BNS, 2023, arguing that the trial is far from completion and the prosecution’s case is weakened. The State opposed the bail. The High Court, noting the informant’s withdrawal, the lack of hostile testimony, and the pending trial, ordered that bail be granted on a bond of Rs 10,000 with two sureties, and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail can be granted to accused in a dowry‑death case under sections 80 and 3(5) of BNS, 2023 when the complainant has withdrawn support.
- Whether the stage of trial and the remaining unexamined witnesses justify the grant of bail.
Legislation cited
- BNS, 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- withdrawal of complaint
- criminal procedure
- BNS 2023
- sections 80
- section 3(5)
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80552 of 2025
Arising Out of PS. Case No.-455 Year-2024 Thana- KHAIRA District- Jamui
======================================================
1. Lalan Chaudhary Son of Bachhu Chaudhary @ Vachcho Chaudhary R/o
Village Mushari Tola, Police Station - Khaira, District - Jamui.
2. Bindu Devi Wife of Lalan Chaudhary R/o Village Mushari Tola, Police
Station - Khaira, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Sinha, Adv.
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 19-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Khaira P.S. Case no.455 of 2024
registered under sections 80 and 3(5) of BNS, 2023.
3. Allegation in the F.I.R is that accused persons killed
the informant’s daughter due to non-fulfillment of demand of
dowry.
4. Learned counsel for the petitioners submits, at the
outset, that petitioners are the father-in-law and mother-in-law
of the deceased and general and omnibus allegation of causing
death of deceased on account of non-fulfillment of demand of
Patna High Court CR. MISC. No.80552 of 2025(5) dt.19-02-2026
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dowry has been levelled. As a matter of fact, there was some
heated exchange between the deceased and her husband, who
was at Kerala at the relevant time on phone call, and it is only
thereafter she hung herself. Portmortem report also indicates
that cause of death was cardio respiratory failure due to
Asphyxia caused by hanging. Learned counsel for the petitioner
further submits that after coming to know the reals facts and
circumstances, the informant and her family members did not
wish to pursue the case and as such, an application was also
given in this regard, which is Annexure-P4 to the petitioner.
Further, she has not supported the case of the prosecution during
trial and has also not been declared hostile, making her
deposition binding upon the prosecution. Petitioners are in
custody since 26.07.2025 and it has been informed that out of
18 charge-sheet witnesses, nine witnesses have been examined
and rest of the witnesses remain to be examined. As such, there
is no likelihood to conclude the trial in the near future. They
undertake to cooperate in the case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
Patna High Court CR. MISC. No.80552 of 2025(5) dt.19-02-2026
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informant of the case has herself not supported the case of the
prosecution during trial, the petitioners are directed to be
enlarged on bail in connection with Khaira P.S. Case no.455 of
2024 on each of them furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court concerned where
the case is pending/successor Court.
7. Learned trial Court is directed to expedite the trial.
(Soni Shrivastava, J)
Harsh/-
U T
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