Patna High Court
Avinash MahthaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court ordered the release of the petitioner on bail, subject to conditions, finding insufficient material to justify continued detention.
Summary
Avinash Mahtha was arrested in connection with a dowry‑death case (IPC §§304B and 34) after his wife’s death, which the prosecution alleges resulted from a demand for Rs.25 lakh. The petitioner contended that the death was a suicide, that no dowry demand or harassment occurred, and that there was no material linking him to the alleged crime. The State argued that the burden was on the petitioner to prove the death was not due to dowry demand. The court examined the lack of evidence of a dowry demand, the post‑mortem report indicating suicide, and the petitioner’s clean record. Considering the weak material, the framing of charges, and the period of custody, the court granted bail with a cash bond and specific conditions under Section 480(3) of the BNSS.
Issues considered
- Whether the prosecution has established the ingredients of IPC Section 304B (dowry death).
- Whether the prosecution has established common intention under IPC Section 34.
- Whether bail should be granted in view of the nature of the allegations and the period of custody.
Legislation cited
- Bihar Negotiable Instruments Act — s. 480(3)
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- IPC 34
- suicide
- criminal procedure
- section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89931 of 2025
Arising Out of PS. Case No.-71 Year-2024 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
Avinash Mahtha S/O Om Prakash Mahtha R/O Village- Balha, P.S- Ashok
Paper Mill, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Sr. Adv.
Mr.Utsav, Adv.
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-02-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Ashok Paper Mill P.S. Case No. 71 of 2024,
registered for the offences under Sections 304B and Section 34
of the IPC.
3. As per the prosecution case, the daughter of the
informant was married with the petitioner on 26.04.2024. The
allegation against the petitioner is that he and other coaccused
persons used to demand Rs. 25,00,000/- from the informant and
on non-fulfillment of the demand, killed the daughter of the
informant.
4. Learned senior counsel appearing on behalf of the
Patna High Court CR. MISC. No.89931 of 2025(3) dt.24-02-2026
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petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. No occurrence in the manner as
alleged has ever taken place. Over a very petty issue, the
daughter of the informant committed suicide. There is no
complaint or any other material to show harassment or cruelty in
the hand of petitioner or other coaccused persons for compelling
the deceased in meeting the demand. There is not even any
material to show that any demand was made and any complaint
towards this end was made by the informant or any of his family
members. Further there is no instigation on part of the petitioner
or other coaccused persons for compelling the daughter of the
informant to commit suicide. Therefore there is complete lack of
ingredients of application of Section 304B of the IPC or Section
34 of the IPC. Learned counsel further submits that charges
have been framed under Section 304B and Section 34 of the IPC
and the petitioner remained in custody since 21.08.2025.
Learned counsel reiterates that after the marriage the petitioner
and his deceased wife have been leading a peaceful, cordial and
harmonious life and there was no dispute, discord or allegation
of cruelty or dowry demand at any point of time during their
married life. The post mortem report also shows no external sign
of any injury or assault. The only injury which was found on the
Patna High Court CR. MISC. No.89931 of 2025(3) dt.24-02-2026
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person of the deceased was over the neck region which shows
death occurred due to suicide and it was not strangulation or any
forced hanging. The petitioner has no criminal antecedent.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner. Learned APP
submits that the daughter of the informant died within a month
of her marriage and the burden is on the petitioner to show that
death was not caused on account of demand of dowry.
6. Though the vakalatnama has been filed on behalf
of the informant there is no representation on behalf of the
informant. It is pertinent to mention here that when this matter
was listed yesterday, pass over was given so as to enable the
learned counsel for the informant to appear in this case but even
then no one has appeared on behalf of the informant.
7. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of material available against the petitioner and also
considering framing of charge in this case and further
considering his period of custody, the petitioner is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned ACJM-IX,
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Darbhanga/concerned court, in connection with Ashok Paper
Mill P.S. Case No. 71 of 2024, subject to the condition laid
down under Section 480(3) of the BNSS and other following
conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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