Created by Fuzzy Cloud

Patna High Court

Sanjay Kumar Mahto @ Sanjay MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is permissible for the petitioners, subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, relatives of a woman who died in a dowry death case, filed an anticipatory bail application fearing arrest under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that the petitioners, along with other accused, participated in the murder of the deceased for non‑payment of dowry demands. The petitioners contended they had no involvement, maintained clean antecedents, and that the primary accused, the husband, was already in custody. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the husband’s custody and the lack of specific evidence against the petitioners, allowed anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners in a dowry death case where the principal accused is already in custody.
  • Whether the allegations against the petitioners under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita and Sections 3/4 of the Dowry Prohibition Act justify denial of bail.
  • Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate for the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Section 80
  • Section 482
  • bail conditions
  • criminal procedure
  • dowry prohibition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72018 of 2025
                        Arising Out of PS. Case No.-416 Year-2024 Thana- TARAIYA District- Saran
                 ======================================================
           1.     Sanjay Kumar Mahto @ Sanjay Mahto S/o- Kishori Mahto R/v- Pokhrera,
                  Ps- Taraiya Dist- Saran at Chapra
           2.    Rambha Devi D/o- Bhuteli @ Bhutel Mahto @ Achchelal Mahto R/v-
                 Pokhrera, Ps- Taraiya Dist- Saran at Chapra
           3.    Priyanka Devi W/o- Pramod Mahto R/v- Pokhrera, Ps- Taraiya Dist- Saran
                 at Chapra
           4.    Saroj Mahto S/o- Bhuteli @ Bhutel Mahto @ Achchelal Mahto R/v-
                 Pokhrera, Ps- Taraiya Dist- Saran at Chapra
           5.    Malti Devi W/o- Kishori Mahto R/v- Pokhrera, Ps- Taraiya Dist- Saran at
                 Chapra

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Kumar Yadav, Advocate
                 For the Opposite Party/s :        Mr. Chandra Sen Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 80(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita and Sections 3/4 of the Dowry

                   Prohibition Act.

                                3. It is a case of dowry death. Prosecution case, in

                   brief, is that marriage of the daughter of informant was

                   solemnized with co-accused Jai Prakash Mahto seven years ago.
Patna High Court CR. MISC. No.72018 of 2025(2) dt.05-02-2026
                                            2/3




          Thereafter, it is alleged that these petitioners, along with other

          F.I.R. named accused persons, killed the daughter of informant

          due to non-fulfillment of demand of dowry of motorcycle and

          Rs. 5 lacs.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence.

          Petitioners are in-laws of the deceased and they are simply

          victims of over-implications. Allegation against petitioners is

          general and omnibus. Petitioners are separate in mess and

          property and they are not concerned with family affairs of the

          deceased. Moreover, thrust of accusation is against husband of

          the deceased who is already in custody since 11.02.2024.

          Petitioners claim clean antecedent.

                       5. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       6. Considering the fact that husband of the deceased is

          already in custody, this anticipatory bail is allowed and it is

          ordered that let the above named petitioners in the event of their

          arrest/surrender before the court below within a period of eight

          weeks from today, be enlarged on bail on furnishing bail-bond

          of Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of 12th Additional Sessions
              Patna High Court CR. MISC. No.72018 of 2025(2) dt.05-02-2026
                                                          3/3




                        Judge, Saran at Chapra in connection with Taraiya P. S. Case

                        No. 416 of 2024, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.