Patna High Court

Mukesh Kumar ChoudharyversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The court denied bail to the petitioner.

Summary

Mukesh Kumar Choudhary, the husband of a deceased woman, applied for bail in a case registered under Section 80 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleges that the deceased was killed by her husband and in‑laws for non‑payment of dowry, while the petitioner contends he is innocent, that the death was a suicide, and that no dowry demand was ever made. The post‑mortem report indicated death by asphyxia due to hanging, placing a duty on the husband to explain the circumstances. The court examined the seriousness of the allegations, the nature of the evidence, and the petitioner’s lack of criminal antecedent, and concluded that bail could not be granted at this stage. Consequently, the petition for bail was rejected.

Issues considered

Whether bail should be granted to the petitioner under Section 80 of the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act.
Whether the allegations against the petitioner are specific and serious enough to justify denial of bail.
Whether the post‑mortem findings and the petitioner’s relationship to the deceased warrant a denial of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 80
Dowry Prohibition Act — s. 3, 4

Subjects

bail
dowry prohibition
Section 80 Bharatiya Nyaya Sanhita
homicide
suicide
post-mortem
husband
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82344 of 2025
                       Arising Out of PS. Case No.-212 Year-2025 Thana- MASHRAK District- Saran
                 ======================================================
                 Mukesh Kumar Choudhary S/o- Tuntun Choudhary R/o Village- Sikati
                 Bhikham P.S. Mashrakh District Saran
                                                                   ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raushan Raj, Advocate
                 For the Opposite Party/s :       Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   26-02-2026                      Heard Mr. Raushan Raj, learned counsel for the

                   petitioner, Mrs. Renu Kumari, learned APP for the State and

                   perused the case dairy.

                                2. The petitioner seeks bail in connection with

                   Mashrakh P.S. Case No. 212 of 2025, instituted for the offences

                   punishable under Section 80 of the Bharatiya Nyaya Sanhita,

                   2023 and Section 3/4 of Dowry Prohibition Act.

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

                   the informant has been done to death by her husband and in-

                   laws 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.

                   Learned counsel for the petitioner also submitted that the
             Patna High Court CR. MISC. No.82344 of 2025(3) dt.26-02-2026
                                                         2/2




                       allegation levelled against the petitioner is general and omnibus

                       in nature. The petitioner is the husband of the deceased and he

                       has never made any demand of dowry either from the deceased

                       or from her family members. It is further submitted that the

                       deceased has committed suicide. The petitioner is in custody

                       since 18.07.2025 and has got no criminal antecedent.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner and has submitted

                       that there is specific allegation levelled against the petitioner.

                       On perusal of the post-mortem report, it appears that cause of

                       death has been opined as asphyxia due to hanging. Further the

                       petitioner is husband of the deceased and, therefore, onus lies

                       upon him to explain the cause of death. Hence, the petitioner

                       does not deserve the privilege of bail.

                                    6. Considering the aforesaid facts and circumstances

                       of the case, nature of accusation and the gravity of the offence,

                       this Court is not inclined to grant bail to the petitioner at this

                       stage.

                                    7. The prayer is rejected.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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