Mukesh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82344 of 2025 Arising Out of PS. Case No.-212 Year-2025 Thana- MASHRAK District- Saran ====================================================== Mukesh Kumar Choudhary S/o- Tuntun Choudhary R/o Village- Sikati Bhikham P.S. Mashrakh District Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raushan Raj, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2026 Heard Mr. Raushan Raj, learned counsel for the petitioner, Mrs. Renu Kumari, learned APP for the State and perused the case dairy.

2. The petitioner seeks bail in connection with Mashrakh P.S. Case No. 212 of 2025, instituted for the offences punishable under Section 80 of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act.

3. The prosecution case, in short, is that daughter of the informant has been done to death by her husband and inlaws for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submitted that the

Patna High Court CR. MISC. No.82344 of 2025(3) dt.26-02-2026 2/2 allegation levelled against the petitioner is general and omnibus in nature. The petitioner is the husband of the deceased and he has never made any demand of dowry either from the deceased or from her family members. It is further submitted that the deceased has committed suicide. The petitioner is in custody since 18.07.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and has submitted that there is specific allegation levelled against the petitioner. On perusal of the post-mortem report, it appears that cause of death has been opined as asphyxia due to hanging. Further the petitioner is husband of the deceased and, therefore, onus lies upon him to explain the cause of death. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner at this stage.

7. The prayer is rejected.

(Rudra Prakash Mishra, J) Rajorshi/- U T