Patna High Court
Aatma Chaudhary @ Atma BinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted in the absence of incriminating material and because the allegations against the petitioner are vague and he has already been in custody for a considerable period.
Summary
The petitioner, Aatma Chaudhary, was arrested in connection with a dowry‑death case (Dinara P.S. Case No. 198 of 2025) under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the sister‑in‑law of the informant was killed by her husband and in‑laws for non‑fulfilment of dowry, but no specific allegation was made against the petitioner. The petitioner’s counsel argued that he is innocent, has no incriminating material in his possession, and the charge against him is vague and omnibus. The State opposed bail. Considering the lack of material evidence, the general nature of the accusation, and the period of custody already served, the Court decided to grant bail on the condition of a bond of Rs. 15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, given the absence of incriminating material and the nature of the allegations?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90652 of 2025
Arising Out of PS. Case No.-198 Year-2025 Thana- DINARA District- Rohtas
======================================================
Aatma Chaudhary @ Atma Bin Son of Late Bhikhari Chaudhari Resident of
Village- Haribanshpur Tola, P.S.- Dinara, District- Rohtas (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghwendra Pratap Singh, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Dinara
P.S. Case No. 198 of 2025, instituted for the offences punishable
under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that sister of the
informant has been done to death by her husband and in-laws
for non-fulfillment of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.90652 of 2025(2) dt.13-01-2026
2/2
the petitioner also submits that the petitioner is co-villager. No
specific allegation has been attributed against the petitioner
rather the same is general and omnibus in nature. The petitioner
is in custody since 12.05.2025 and has got one criminal
antecedent in which he is on bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dinara P.S. Case
No. 198 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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