Patna High Court

Chandan RajakversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Bail was denied as the petitioner, being the husband of the deceased, must explain the circumstances of her death.

Summary

The petitioner, Chandan Rajak, husband of a woman who died allegedly due to dowry demands, was arrested in connection with a dowry‑death case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for bail, claiming he has no criminal antecedents, was falsely implicated, and that the prosecution’s case is vague with the post‑mortem report pending. The State opposed, arguing that as the husband he bears the onus of explaining the death. The Court held that given the seriousness of the allegation and the petitioner’s relationship to the deceased, bail could not be granted at this stage. The trial was directed to be expedited and the petitioner was allowed to renew the bail application if the trial is not concluded within six months.

Issues considered

Whether the petitioner is entitled to bail under Section 80 of the Bharatiya Nyaya Sanhita, 2023 in a dowry‑death case
Whether the husband of the deceased bears the onus of explaining the circumstances of her death

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80

Subjects

bail
dowry death
Section 80
Section 3(5)
Bharatiya Nyaya Sanhita
husband
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.84818 of 2025
                      Arising Out of PS. Case No.-74 Year-2025 Thana- RISIYAP District- Aurangabad
                 ======================================================
                 Chandan Rajak Son of Gupta Rajak R/o Village - Mangurahi, P.S. - Risiup,
                 District - Aurangabad.



                                                                                    ... ... Petitioner/s
                                                        Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :        Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Risiup

                   P.S. Case No. 74 of 2025 instituted for the offence under

                   Sections 80 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                           3.       Prosecution case in short is that daughter of the

                   informant has been done to death at her matrimonial house by

                   her in-laws due to non-fulfillment of the demand of dowry.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 08.07.2025. Petitioner

                   bears no criminal antecedent, as per disclosure made in
Patna High Court CR. MISC. No.84818 of 2025(3) dt.09-02-2026
                                            2/3




          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is the husband of the deceased. There is no

          specific allegation attributed to the petitioner, rather allegation is

          general and omnibus in nature. Postmortem report suggests the

          cause of death due is kept reserved pending till FSL.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. It is

          fervently submitted that petitioner, being the husband of the

          deceased, bears the onus of explaining the circumstances

          leading to her death.

                  7.      Considering the aforesaid facts and circumstances

          of the case and taking into account the fact that petitioner, being

          the husband of the deceased, bears the onus of explaining the

          circumstances leading to her death, this Court is not inclined to

          grant bail at this stage. Prayer for bail is hereby rejected.

                  8.      The Trial Court is directed to expedite the trial as

          expeditiously as possible without any undue delay and

          unnecessary adjournments.

                  9.       However, petitioner will be at liberty to renew his

          prayer for bail, if the trial is not concluded within a period of six
           Patna High Court CR. MISC. No.84818 of 2025(3) dt.09-02-2026
                                                       3/3




                     months from the date of receipt/production of a copy of this

                     order.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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