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Patna High Court

Lalan ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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bail can be granted to accused in a dowry‑death case under sections 80 and 3(5) of BNS, 2023 when the complainant has withdrawn support.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

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
                                            2/3




          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
                                                          3/3




                        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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