Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
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
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