Patna High Court
Akhilesh Mahto @ Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioner, subject to a bond of Rs.10,000 and two sureties, in accordance with section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Akhilesh Mahto, sought bail in a dowry death case where he was accused under sections 80 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS). The prosecution alleged that the deceased was killed by several accused, including the petitioner, for non‑payment of dowry. The petitioner contended that he is a distant relative with no involvement in the marital affairs and has a clean antecedent. The State opposed the bail. Considering the petitioner's clean record and the circumstances, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS.
Issues considered
- Whether bail can be granted to the petitioner accused under sections 80 and 3(5) of the BNS in a dowry death case
- Whether the petitioner's clean antecedent and other facts justify bail under section 482(2) of the BNS
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 3(5), 482(2), 80
Subjects
- bail
- dowry death
- Bharatiya Nagarik Suraksha Sanhita
- section 80
- section 3(5)
- section 482(2)
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85134 of 2025
Arising Out of PS. Case No.-146 Year-2025 Thana- KATHAIYA District- Muzaffarpur
======================================================
Akhilesh Mahto @ Akhilesh Kumar S/O Anil Mahto R/O Village- Dora
Chhapra, P.S- Kathiya, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Bela Singh, Advocate
For the Opposite Party/s : Mr. Nityanand , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 80 and 3 (5) of BNS.
3 . It is a case of dowry death . As per prosecution
case , informant namely, Nawal Kishor Mahto alleged that his
daughter was married to co-accused Pankaj Kumar Mahto, 7
years ago. After the marriage , she was subjected to cruelty and
torture by all the accused persons named in the F.I.R., including
this petitioner due to non-fulfillment of demand of dowry
Ultimately, all accused persons killed daughter of informant for
dowry .
4. It is submitted on behalf of the petitioner that
Petitioner is distant relative of the deceased. He is simply victim
Patna High Court CR. MISC. No.85134 of 2025(2) dt.06-01-2026
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of over implications. He is separate in mess and property and
has got no concern with the affairs of couple . Thrust of
accusation is against husband of the deceased who is already in
custody since 30.07.2025 . Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Sub-
divisional Judicial Magistrate (West) Muzaffarpur in connection
with Kathaiya P.S. Case No. 146 of 2025 , subject to the
conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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