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Patna High Court

Hira ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail application was denied, as the court was not inclined to release the petitioner in view of the seriousness of the dowry death charge and the statutory presumption against him.

Summary

The petitioner, Hira Chaudhary, was arrested in connection with the death of his wife, alleged to be a dowry death under Sections 304B and 34 of the Indian Penal Code. He applied for bail, asserting a clean antecedent, that the informant who lodged the FIR was not an eye‑witness, and that the death was a suicide by jumping into a well. The State opposed bail, relying on the statutory presumption that a woman who dies within seven years of marriage under suspicious circumstances is a dowry death, and argued that the husband is responsible for his wife's welfare. The court examined the lack of direct evidence against the petitioner and the applicability of the presumption, but held that the seriousness of the offence and the statutory presumption warranted denial of bail. Consequently, the bail application was rejected.

Issues considered

  • Whether bail can be granted to an accused in a dowry death case under Sections 304B and 34 IPC.
  • Whether the presumption under the dowry death provision applies despite the informant not being an eye‑witness.
  • Whether the petitioner’s clean antecedent and claim of suicide are sufficient to merit bail.

Legislation cited

Subjects

  • dowry death
  • bail
  • IPC 304B
  • presumption
  • criminal procedure
  • marital homicide

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91017 of 2025
                        Arising Out of PS. Case No.-37 Year-2024 Thana- RAJGIR District- Nalanda
                 ======================================================
                 Hira Chaudhary S/O Chotan Chaudhary R/O Vill.- Visthapit Nagdeeh,P.S-
                 Rajgir,Dist- Nalanda

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rana Baljit Singh, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 304(B) and 34 of the Indian

                   Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 21.11.2025. It is next submitted that informant alleges that

                   his daughter was married to the petitioner about two years ago,

                   further on 31.01.2024 he received a call on his mobile that his

                   daughter died by jumping in the well, thereafter he went to the

                   matrimonial house of his daughter, but no one was present and

                   saw broken utensils, food scattered all over the place and

                   noticed broken bangles of his daughter, thus, alleges that
Patna High Court CR. MISC. No.91017 of 2025(2) dt.18-03-2026
                                            2/3




          accused persons killed his daughter for non-fulfillment of

          previous dowry demand.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that informant is not an eye

          witness to the occurrence and the entire allegation hinges

          around suspicion. It is also submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the

          victim committed suicide by jumping in the well. It is also

          submitted that no doubt the informant alleges that when he

          entered the matrimonial house of the victim, he saw food

          articles scattered, broken utensils and noticed broken bangles,

          but then that in itself cannot be a ground to suspect the

          involvement of the petitioner in the occurrence.

                       5. Learned A.P.P. for the State opposes the prayer for

          bail of the petitioner and submits that what is not in dispute

          rather stands admitted is that victim died within seven years of

          marriage and presumption in law is against the petitioner. It is

          further submitted that no doubt the informant is not an eye

          witness to the occurrence, but then it is alleged that dowry was

          demanded and on account of non-fulfillment of dowry demand,

          the victim was tortured. It is also submitted that it is the
            Patna High Court CR. MISC. No.91017 of 2025(2) dt.18-03-2026
                                                        3/3




                      responsibility of the husband to ensure the well being of his

                      wife, but then it appears that the petitioner created conditions

                      conducive for the victim to take the extreme step of ending her

                      life.

                                   6. Considering the submissions made by the learned

                      APP for the State, the Court is not inclined to release the

                      petitioner on bail.

                                   7. Accordingly, the instant bail application stands

                      rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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