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Patna High Court

Sanjay Yadav @ Sanjay RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is allowed to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Petitioner Sanjay Yadav, the father‑in‑law of a deceased woman, sought anticipatory bail in a dowry‑death case filed under Sections 304B and 34 of the Indian Penal Code. He asserted that he had no involvement in the family affairs, maintained a clean record, and that the deceased had committed suicide, while the husband was already in custody. The State opposed the bail application. The Court observed that the husband’s custody reduced the risk of the petitioner fleeing and, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with a condition to surrender within eight weeks. The order directs the Additional Chief Judicial Magistrate, Danapur, to enlarge bail upon compliance.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a dowry‑death case.
  • Whether the allegations against the petitioner are sufficient to deny bail.

Legislation cited

Subjects

  • dowry death
  • anticipatory bail
  • Section 304B IPC
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1017 of 2026
                         Arising Out of PS. Case No.-539 Year-2024 Thana- BIHTA District- Patna
                 ======================================================
                 Sanjay Yadav @ Sanjay Rai S/o Jagdish Rai @ Jagdish Yadav Resident of
                 village - Kelhanpur, P.S - Bihta, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aditya Kumar Pandey, Advocate
                 For the Opposite Party/s :       Ms. Rina Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 304(B), 34 of the Indian

                   Penal Code.

                                3. It is case of dowry death. As per prosecution case,

                   sister of the informant was married to co-accused Suddu Kumar

                   in the year 2021 and after the marriage, she was subjected to

                   cruelty and harassment by the accused persons for dowry and

                   lastly, on 17.06.2024, she was killed by the accused persons.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is father-in-law of the deceased and he is simply victim of over-

                   implication. Allegation against petitioner is general and
              Patna High Court CR. MISC. No.1017 of 2026(2) dt.10-02-2026
                                                          2/2




                        omnibus. Petitioner is separate in mess and property and has got

                        no concern with family affairs of the deceased. As a matter of

                        fact, deceased herself committed suicide. He further submits

                        that thrust of accusation is against husband of the deceased who

                        is already in custody. Petitioner claims clean antecedent.

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

                        the bail application.

                                     6. Considering the fact that husband of the deceased

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

                        ordered that let the above named petitioner in the event of his

                        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) with two sureties of the like

                        amount each to the satisfaction of Additional Chief Judicial

                        Magistrate, Danapur at Patna in connection with Bihta P. S.

                        Case No. 539 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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