Patna High Court
Sanjay Kumar Mahto @ Sanjay MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 3(5), 80(2)
- Dowry Prohibition Act — s. 3, 4
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
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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
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