Chandan Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76517 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- BARHARA District- Bhojpur ====================================================== Chandan Kumar Gupta Son of Late Janki Sah R/O- Village- Chhaprapur, P.S.- Barhara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, Advocate For the informant :

Mr. Sheo Jee Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-02-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Barhara P.S. Case No. 116 of 2025, instituted for the offences under Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 /4 of the Dowry Prohibition Act.

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

Patna High Court CR. MISC. No.76517 of 2025(3) dt.06-02-2026 2/3 been made against the petitioner. He further submitted that the marriage of the petitioner was performed in the year 2017. Charge-sheet has been submitted in this case. He further submitted that F.I.R. has been registered under Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 /4 of the D.P. Act, but Charge-sheet has been submitted against the petitioner under Sections 108, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Some witnesses have also told that victim committed suicide. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.06.2025 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, 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 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 Barhara P.S. Case No. 116 of 2025, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or

Patna High Court CR. MISC. No.76517 of 2025(3) dt.06-02-2026 3/3 close member.

(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) manish/- U T