Patna High Court
Madhusudan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S. — s. 238, 3(5), 80
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
Checking your session…