Created by Fuzzy Cloud

Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the allegations are non‑specific, the petitioner has no prior record, and the custody period is substantial.

Summary

The petitioner, Chandan Kumar, was arrested in connection with a dowry‑death case (Atri P.S. Case No. 133 of 2025) under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased was killed for non‑payment of dowry, while the petitioner, the husband of the deceased, claimed innocence and that the charge‑sheet was vague and omnibus. He had been in custody since 9 April 2025, had no prior criminal record, and asserted that the cause of death was asphyxia due to hanging, not dowry‑related. The State opposed bail, but the court, considering the lack of specific allegations, the petitioner’s clean antecedent, and the length of custody, decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the charge‑sheet’s general and omnibus nature justifies denial of bail.
  • Whether the petitioner’s lack of criminal antecedent and period of custody warrant bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 80
  • Section 3
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80912 of 2025
                           Arising Out of PS. Case No.-133 Year-2025 Thana- ATRI District- Gaya
                 ======================================================
                 Chandan Kumar Son of Ranjay Yadav R/o Village- Bholi Bigha, P.S.- Atri,
                 District- Gaya Ji


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :        Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-02-2026                         Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with Atri

                   P.S. Case No. 133 of 2025, instituted for the offences punishable

                   under Section 80(2) and 3(5) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. The prosecution case, in short, is that daughter of

                   the deceased has been done to death for non-fulfillment of

                   demand of dowry.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case.
Patna High Court CR. MISC. No.80912 of 2025(3) dt.11-02-2026
                                            2/3




          Learned counsel for the petitioner also submitted that the

          petitioner is the husband of the deceased and no specific

          allegation has been attributed against him rather the same is

          general and omnibus in nature. It is next submitted that the

          petitioner has been arrested in this case as being husband of the

          deceased and she died at her matrimonial house. It is further

          submitted that cause of death has been opined as asphyxia and

          shock due to hanging. The petitioner has not made any demand

          of dowry from the deceased. The petitioner is in custody since

          09.04.2025 and has got no criminal antecedent.

                       5. Learned APP 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 and taking into account 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 Atri P.S. Case No. 133 of 2025, subject

          to the following conditions:
             Patna High Court CR. MISC. No.80912 of 2025(3) dt.11-02-2026
                                                         3/3




                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.