Chandan Kumar @ Chandan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69094 of 2025 Arising Out of PS. Case No.-98 Year-2025 Thana- MUSAHARI District- Muzaffarpur ====================================================== Chandan Kumar @ Chandan Mahto Son of Ram Aashish Mahto @ Ramashish Mahto Resident of Village - Chhapra Megh, P.S. - Mushahari, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar S.K., Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Mushahari P.S. Case No. 98 of 2025 instituted for the offences under Sections 80/3(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 submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged
Patna High Court CR. MISC. No.69094 of 2025(3) dt.25-11-2025 2/2 against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.05.2025 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 since the petitioner is the husband of the deceased, the onus lies upon him in this case of dowry death and therefore, the petitioner does not deserve to be released on bail.
6. Considering the aforesaid facts and circumstances of the case as also the petitioner being the husband of the deceased, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.
8. Learned Trial Court is directed to expedite the trial.
9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of six months from today. (Rudra Prakash Mishra, J) Alok Verma/- U T