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Patna High Court

Sonu Chaudhary @ Sonu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
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                       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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