Created by Fuzzy Cloud

Patna High Court

Madhusudan RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs 10,000 and conditions of personal appearance.

Summary

The petitioner, Madhusudan Rai, applied for bail in a case registered under Sections 238, 80 and 3(5) of the B.N.S., alleging that he had killed the sister of an informant over a dowry demand. He contended that the allegations were false, that the deceased was his wife in a love marriage, and that she died of natural causes after consuming celphas, with no post‑mortem performed. During trial, the two key witnesses – the informant (PW‑2) and his brother (PW‑1) – did not support the prosecution; PW‑1 was declared hostile and PW‑2’s statement indicated the case was filed on mere suspicion. The petitioner had been in custody since 24‑10‑2024 and had no prior criminal record. Considering the lack of supportive evidence and the length of custody, the court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions of personal appearance at each trial date.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 238, 80 and 3(5) of the B.N.S. in view of the evidentiary material and the period of custody

Legislation cited

Subjects

  • bail
  • dowry death
  • criminal procedure
  • evidence
  • hostile witness
  • section 238
  • section 80
  • section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82191 of 2025
                 Arising Out of PS. Case No.-698 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 Madhusudan Rai S/o Late Manoj Ray Resident of village - Ameth, P.S.-
                 Mohania, District- Kaimur (Bhabua)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pratik Kumar, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   25-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 238, 80 and 3(5) of the

                   B.N.S.

                                   3. As per the prosecution case, the petitioner along

                   with other co-accused is said to have killed the sister of the

                   informant due to non-fulfillment of demand of dowry.

                                   4. Learned counsel for the petitioner submits that

                   although the petitioner happens to be the husband of the

                   deceased, the allegations levelled against him are false and

                   baseless. It is further submitted that as a matter of fact, there

                   was a love marriage between the petitioner and the deceased

                   and on account of some discord and depression, the deceased
Patna High Court CR. MISC. No.82191 of 2025(4) dt.25-02-2026
                                            2/3




          consumed celphas which led to her death. It has been further

          submitted that the cremation of the deceased had taken place in

          the presence of the family members, as such, no postmortem

          was conducted. It has been further submitted that the trial has

          begun and two witnesses, being the informant (PW-2) and his

          brother (PW-1), have been examined during the trial and both

          of them have not supported the case of the prosecution and

          while PW-1 has been declared hostile, PW-2 (informant) has

          not been declared hostile, as such, evidence is also binding on

          the prosecution. It has been specifically stated by the informant

          during the trial that he had filed this case on the basis of

          suspicion although there was no demand for dowry or cruelty

          meted out to the deceased. The petitioner is in custody since

          24.10.2024 with no criminal antecedent.

                         5. Learned APP for the State opposed the grant of

          bail on the basis of allegations made in the First Information

          Report.

                         6. Taking into consideration the facts and

          circumstances and considering the fact that the witnesses

          including the informant have not supported the prosecution

          case during the trial, coupled with the period of custody, let the

          above named petitioner, be released on bail on furnishing bail
            Patna High Court CR. MISC. No.82191 of 2025(4) dt.25-02-2026
                                                        3/3




                      bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                      of the like amount each to the satisfaction of the learned

                      Additional Sessions Judge-II, Kaimur (Bhabhua)/concerned

                      Court below in connection with Mohania P.S. Case No. 698 of

                      2024 subject to condition that:-

                                              (i)   The petitioner shall remain physically
                              present in court on each and every date during trial so that
                              trial is concluded expeditiously and in the event of failure on
                              two consecutive dates without sufficient reasons, his bail
                              bonds shall be liable to be cancelled by the learned court
                              concerned.



                                                (Soni Shrivastava, J)
anand/-
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.