Bail granted based on lack of evidence for dowry demands and claims of innocence.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

4 21-01-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Kadwa P.S. Case No. 256 of 2024 dated 19.12.2024 registered for the offence punishable under Sections 126 (2), 115(2), 80(2), 123, 85 and 3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. Allegation against the petitioner is that the marriage of the petitioner was solemnized with the deceased just six months ago and she was subjected to torture, leading to consumption of poison and subsequently her death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that as per the allegation made in the F.I.R., it is admitted position that the deceased had consumed poison and F.S.L. report proves the presence of Aluminum Phosphate. It is further submitted that the deceased was taken to the hospital and during course of treatment, she died. There was no demand of dowry and there was cordial relation between the petitioner and the deceased. Further, it is submitted that after knowing the real fact of the case, the informant has filed a petition before the Principal District and Sessions Judge, Katihar stating that the deceased and the accused petitioner were living their conjugal life but due to some mis-understanding, this case has been lodged. Lastly, it has been submitted that the petitioner is in custody since 02.06.2025, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar in connection with Kadwa P.S. Case No.

256 of 2024.