Patna High Court
Santosh Kumar Mehata @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail in the present case.
Summary
Santosh Kumar Mehata was arrested in connection with the death of his wife Gita Devi, who was alleged to have been subjected to dowry harassment. The FIR described a ligature mark on the deceased’s neck, leading to charges under Sections 80(2) and 3(5) of the B.N.S. The petitioner contended that he was innocent, that the deceased suffered from a feeble mind and may have committed suicide, and that the autopsy report was inconclusive. The State opposed bail, arguing the seriousness of the alleged murder. The Court noted that the petitioner was apprehended at the scene, did not flee, has no prior criminal record, and that the medical evidence did not definitively establish homicide. Considering these factors, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail can be granted to the accused under Sections 80(2) and 3(5) of the B.N.S. in a case of alleged dowry‑related death.
- Whether the circumstances of the arrest, lack of prior record, and inconclusive autopsy justify bail.
Legislation cited
- B.N.S. — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- murder
- suicide
- criminal procedure
- Section 80(2) B.N.S.
- Section 3(5) B.N.S.
- autopsy
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82121 of 2025
Arising Out of PS. Case No.-170 Year-2025 Thana- MUFFASIL District- Aurangabad
======================================================
Santosh Kumar Mehata @ Santosh Kumar, Son of Raja Mehta, Resident of
Village - Poiwan, P.S.- Mufassil, District - Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Mufassil P.S. Case No. 170 of 2025 registered for the
offence punishable under Sections 80(2) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that Gita
Devi (deceased) was married to the petitioner in year 2020. It is
further alleged that she was being subjected to cruelty on
account of non-fulfillment of dowry demand of Rs. 2 lakhs and
golden chain by her in-laws. On 8.05.2025, the petitioner
informed the informant that his daughter has died due to illness.
When the informant went to the matrimonial house of the
deceased, he saw the dead body in the courtyard and there was
black mark on the neck and , as such, the F.I.R.
Patna High Court CR. MISC. No.82121 of 2025(3) dt.22-01-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the para 11 of the case diary it will
transpire that the petitioner was apprehend by police from the
spot. He had not fled away from the spot. Had there been any
doubt regarding the death of the deceased, the petitioner must
have fled from the spot. It has further been submitted that from
perusal of the injury report, it is clear that the board conducting
autopsy of the deceased has found ligature mark from the right
mid neck extending up to back of neck up to left ear. Not mark
present below left jaw. Learned counsel for the petitioner has
also submitted that the deceased was of feeble mind and she has
committed suicide. Though, the board conducting autopsy of
the deceased has not given any opinion regarding cause of
death and viscera has also been preserved yet. The antemortem
injury shows that the same would be the cause of death.
Petitioner is having no criminal antecedent and he is languishing
in judicial custody since 09.05.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.82121 of 2025(3) dt.22-01-2026
3/3
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Aurangabad in connection with Mufassil P.S. Case No. 170 of
2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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