Girdhari Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5534 of 2026 Arising Out of PS. Case No.-44 Year-2025 Thana- RIVILGANJ District- Saran ====================================================== Girdhari Mahto S/o- Satendra Mahto R/v- Sheikhpura Ps- Revilganj DistSaran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Revilganj P.S. Case No. 44 of 2025 instituted for the offences under Sections 80(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the husband of the deceased. Learned counsel for the petitioner submitted that general and omnibus allegation has

Patna High Court CR. MISC. No.5534 of 2026(3) dt.11-03-2026 2/3 been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner never tortured the victim and never demanded dowry. He further contended that, as a matter of fact, deceased herself committed suicide and the said fact is further supported by several independent witnesses. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.03.2025 and has no criminal antecedent.

5. Learned A.P.P. 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, there being no direct material against the petitioner as also 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, after framing of charge, if not already framed, 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 Revilganj P.S. Case No. 44 of 2025, subject to the following conditions:

(I) One of the bailors shall be the petitioner's own or a close family member.

Patna High Court CR. MISC. No.5534 of 2026(3) dt.11-03-2026 3/3 (II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T