Patna High Court
Sonu Chaudhary @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Sonu Chaudhary was arrested in connection with a dowry‑related death alleged to have been caused by poison administered by his in‑laws. The prosecution alleged offences under Sections 80 and 3(5) of the Bihar Narcotic Substances Act and Sections 3 and 4 of the Dowry Prohibition Act, claiming the deceased was poisoned with Carbofuran. The petitioner contended he was innocent, pointing out the post‑mortem showed no antemortem injuries and that the poison was a pesticide, not a narcotic, and that he had no prior criminal record. The State opposed bail, arguing the seriousness of the dowry death and related offences. After hearing both sides, the Court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving alleged dowry death and offences under the Bihar Narcotic Substances Act and Dowry Prohibition Act
- Whether the evidence presented by the prosecution establishes a prima facie case sufficient to deny bail
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 80
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- poison
- Carbofuran
- narcotic substances
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83554 of 2025
Arising Out of PS. Case No.-74 Year-2025 Thana- AMBA District- Aurangabad
======================================================
Sonu Chaudhary @ Sonu Kumar, S/O Tunna Chaudhary @ Tuna Chaudhry,
Resident of Village- Bhaluwarhi @ Bhaluwari Khurd, P.S.- Amba, Dist.-
Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Sagarm, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Amba P.S. Case No. 74 of 2025 registered for the offence
punishable under Sections 80 and 3(5) of B.N.S. and Sections 3
and 4 of Dowry Prohibition Act.
3. The case of the prosecution, in short, is that the
petitioner was married to the deceased and the deceased was
subjected to cruelty on account of non-fulfillment of dowry
demand. It is further alleged that on 27.04.2025, the informant
got information that all the in-laws have administered poison to
the deceased. She was rushed to the Sadar Hospital, Aurangabad
where she died.
Patna High Court CR. MISC. No.83554 of 2025(5) dt.16-03-2026
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. The nature of allegation is general and omnibus and from
perusal of the postmortem report it is clear that no antemortem
injury was found on the person of the deceased. From perusal of
the F.S.L. report, it is clear that Carbofuran was detected in the
contents of plastic jar that is part of viscera which was
preserved. According to the F.S.L. report, Carbofuran is a
carbamate pesticide, used as a systemic insecticide nematicide
and miticide to control a variety of soil and foliar pests. It is
poisonous. Learned counsel for the petitioner has further
submitted that from perusal of the para ‘13’ of the case diary it
will also transpire that one of the agnates of the deceased has
stated that the deceased has told her that she has consumed
poison and has also told her to inform the parental house. Other
witnesses have also stated that there was some dispute between
the husband and wife and the deceased use to stop the petitioner
from plying tempo. Petitioner is having no criminal antecedent
and he is languishing in judicial custody since 22.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
Patna High Court CR. MISC. No.83554 of 2025(5) dt.16-03-2026
3/3
6. Having heard learned counsel for the parties and
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 Amba P.S. Case No. 74 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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