Patna High Court
Kanhaiya BinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to monetary bond and strict conditions.
Summary
The petitioner, Kanhaiya, was arrested in a dowry‑death case (Sections 80 and 238 of the Bharatiya Nyaya Sanhita, 2023) alleging that he and family members tortured and killed the deceased for dowry demands and concealed the body. He contended that he was falsely implicated, being a fisherman with no connection to the deceased’s husband, and that no specific overt act was alleged against him. The State opposed bail, while the petitioner highlighted the husband’s custody, his own lack of criminal antecedent, and the general nature of the allegations. The Court, noting the husband’s custody and the petitioner’s prolonged detention, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses. The bail order was issued pending framing of charges, if not already done.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case under Sections 80 and 238 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner is likely to tamper with evidence or influence witnesses.
- Whether the petitioner poses a flight risk or has sufficient grounds for continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 80
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 80
- Section 238
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80840 of 2025
Arising Out of PS. Case No.-133 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
======================================================
Kanhaiya Bin S/o Shiwratan Bin @ Thag Bin Resident of village - Dipau
Pakari, P.S - Mohammadpur, District - Gopalganj, State - Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Srivastava, Advocate
for the informant : Mr. Rajesh Ranjan, Advocate
Mr. Himanshu Ranjan, Advocate
For the Opposite Party/s : Mr. Braj Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State. Perused
the case diary.
2. The petitioner seeks bail in connection with
Mohammadpur P.S. Case No. 133 of 2025, instituted for the
offences under Sections 80 and 238 of the Bharatiya Nyaya
Sanhita, 2023.
3. Prosecution case, in short, is that the petitioner
along with the family members tortured and killed the deceased
for the non-fulfillment of demand of dowry and concealed her
dead body.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.80840 of 2025(3) dt.11-02-2026
2/3
Petitioner is a Fisherman and he has no concern with the
husband of the deceased. Learned counsel for the petitioner
submits that general and omnibus allegation has been made
against the petitioner. No specific overt act is alleged against the
petitioner. Learned counsel further submitted that petitioner has
got no concern in the family affairs of the deceased and her
husband. Husband of the deceased is already in custody.
Charge-sheet has been submitted in this case. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 15.07.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, husband of the deceased being in custody, as also
the period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Mohammadpur P.S. Case No. 133 of
2025, subject to the following conditions:
Patna High Court CR. MISC. No.80840 of 2025(3) dt.11-02-2026
3/3
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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