Patna High Court
Jaleshwar MathoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail.
Summary
The petitioner, Jaleshwar Matho, father‑in‑law of the deceased woman, was arrested in a dowry‑death case under sections 80, 238 and 3(5) of the BNS, 2023. The prosecution alleged that the deceased was subjected to cruelty for dowry demands and was killed, implicating the petitioner. The petitioner pleaded innocence, argued lack of specific evidence, highlighted his clean record and that other in‑laws had already been granted bail in a similar case. The State opposed bail. Considering the general nature of the allegation, the petitioner’s age, absence of prior criminal history and the precedent of bail to co‑ordinate defendants, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 80, 238 and 3(5) of the BNS, 2023.
- Whether the nature of the allegations against the petitioner warrants denial of bail.
Legislation cited
- BNS, 2023 — s. 238, 3(5), 80
Subjects
- regular bail
- dowry death
- cruelty
- BNS 2023
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89511 of 2025
Arising Out of PS. Case No.-545 Year-2025 Thana- DARIYAPUR District- Saran
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Jaleshwar Matho son of Marai Mahto Resident of Village -Bela
Mahammadpur P.S- Dariyapur District -Saran At Chapra Bihar
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 80, 238 and
3 (5) of the BNS, 2023.
3. The case of the prosecution is that Manju Devi
(deceased) was married to Sanjay Mahto in the year 2020. At
the time of marriage, sufficient gifts were given by the
informant. It is further alleged that the deceased was subjected
to cruelty on account of non-fulfillment of demand of dowry
and upon such non-fulfillment, she was ultimately killed.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
Patna High Court CR. MISC. No.89511 of 2025(2) dt.15-01-2026
2/2
petitioner is father-in-law of the deceased, aged about 72 years
and that the husband of the deceased has already in judicial
custody. It is further submitted that the nature of allegation
against the petitioner is general and omnibus. It is contended
that other in-laws have been granted bail by a co-ordinate Bench
of this Court vide order dated 12.01.2026 passed in Cr. Misc.
No. 87556 of 2025. The case of the petitioner stands on similar
footing. Moreover, the petitioner is languishing in judicial
custody since 07.09.2025 having no criminal antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Dariyapur P.S. Case No. 545 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class, Saran at Chapra.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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