Patna High Court

Binod ChoudharyversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL REJECTED
Bench: PARTHA SARTHY

Holding

The application for regular bail is rejected.

Summary

The petitioner, Binod Choudhary, applied for regular bail in a dowry‑death case (PS Case No. 90 of 2025) registered under sections 80, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleges that the petitioner, as the father‑in‑law of the deceased, participated in torturing the victim for dowry, leading to her suicide, with post‑mortem findings indicating asphyxia due to ligature strangulation and video evidence of abuse. The petitioner contended that the allegations are false, he has no prior criminal record, and he is willing to cooperate with the investigation. The State opposed bail, emphasizing the seriousness of the offence, the forensic evidence, and the corroborative testimony of witnesses. After hearing both sides, the Court found the material against the petitioner substantial and declined to grant bail, rejecting the application.

Issues considered

What is the applicability of sections 80, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 for granting regular bail to the petitioner?
Whether the seriousness of the alleged dowry‑death offence and the evidentiary material justify denial of bail?

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 3(5), 61(2), 80

Subjects

regular bail
dowry death
Bhartiya Nyaya Sanhita
section 80
section 61(2)
section 3(5)
ligature strangulation
post‑mortem report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88530 of 2025
                        Arising Out of PS. Case No.-90 Year-2025 Thana- MIRGANJ District- Purnia
                 ======================================================
                 Binod Choudhary Son of Late Basant Choudhary Resident of Vill.-
                 Gachhakatta, P.S.- Mirganj, District- Purnea
                                                                     ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amit Kumar Anand, Advocate
                                                   Ms. Bharti Kumari, Advocate
                 For the Opposite Party/s :        Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   01-04-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Mirganj P.S. Case no.90

                   of 2025, registered under sections 80, 61(2) and 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the informant states

                   that his daughter who was married to the son of the petitioner

                   herein was tortured by the accused persons including the

                   petitioner for payment of dowry to the tune of Rs. 3 lacs. He

                   ultimately received information on 24.5.2025 about his daughter

                   having committed suicide.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner who happens to be the father-in-law of the deceased

                   has been falsely implicated in the case. The allegation of

                   demand of dowry and torture etc are all false and concocted.
           Patna High Court CR. MISC. No.88530 of 2025(5) dt.01-04-2026
                                                       2/2




                     The husband of the informant’s daughter has moved the learned

                     Court below for anticipatory bail which is still pending

                     consideration. The petitioner, who is an old man, is in custody

                     since     21.6.2025       and     undertakes         to   cooperate   in   the

                     investigation/trial. He has no criminal antecedent.

                                  5. The application for bail is opposed by learned APP

                     for the State, who submits that as per the postmortem report, the

                     cause of death is said to be asphyxia and venous congestion

                     resulting in antemortem ligature strangulation. Referring to the

                     order of the learned trial Court rejecting the application for bail

                     of the petitioner, it is submitted that the witnesses have

                     supported the prosecution version that the deceased was tortured

                     and all the accused including the petitioner used to make video

                     calls of themselves beating the deceased.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations against the petitioner in

                     the FIR, the contents of the postmortem report and the material

                     that has transpired in course of investigation, the Court is not

                     inclined to enlarge the petitioner on bail and the application is

                     rejected.


                                                 (Partha Sarthy, J)
Shiv/-
U      T

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