Patna High Court
Mulayam Rai @ Rajesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners, holding that the absence of specific allegations and their clean antecedent warranted release on bond.
Summary
The petitioners, Mulayam Rai, Putul Devi and Pintu Rai, were arrested on 17 October 2025 in connection with a dowry death alleged under Sections 80 and 3(5) of the BNS and Sections 3 and 4 of the Dowry Prohibition Act. They sought bail, contending that they have clean antecedents and that the FIR contains only a generic allegation without any specific charge of assault, overt act, or dowry demand against them. The prosecution opposed the bail, arguing the seriousness of the offence. The Court observed that the FIR does not specifically implicate the petitioners and noted their clean record, and therefore ordered bail on the condition of a Rs.10,000 bond with two sureties each. The bail was granted subject to conditions of cooperation with the trial, presence in court, and non‑tampering with evidence or witnesses, with provision for cancellation if any condition is breached.
Issues considered
- Whether bail should be granted to the accused in a dowry death case under Sections 80/3(5) of the BNS and Sections 3/4 of the Dowry Prohibition Act when the FIR lacks specific allegations against them.
Legislation cited
Subjects
- bail
- dowry death
- Section 80
- Section 3(5)
- Dowry Prohibition Act
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11308 of 2026
Arising Out of PS. Case No.-570 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
1. Mulayam Rai @ Rajesh Rai S/O Sadhu Rai
2. Putul Devi W/O Ramadhar Rai @ Pintu Rai
3. Pintu Rai S/O Sadhu Rai
All are R/O Village- Chhota Brahampur, P.O- Bhagwan Bazar, P.S-
Bhagwan Bazar, Dist- Saran at Chapra- 841301.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 02-04-2026 Heard Mr.Jeetendra Narayan, learned counsel for
the petitioners and Mr.Satya Nand Shukla, learned Additional
Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody
since 17.10.2025 in connection with Bhagwan Bazar P.S.
Case No. 570 of 2025, F.I.R. dated 16.10.2025 registered for
the offence punishable under Sections 80/3(5) of BNS
alongwith Section 3/4 of the D.P.Act.
3. Allegation against the petitioners is that they
alongwith other co-accused persons have in furtherance of
their common intention committed the dowry death of the
Patna High Court CR. MISC. No.11308 of 2026(4) dt.02-04-2026
2/4
sister of the informant.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent. It appears
from the FIR that although the petitioners are named in the
FIR but there is no specific allegation of any assault, overt-act
or demand of dowry attributed against the petitioners rather
there is general and omnibus allegation against all the accused
persons including the petitioners and in fact informant is not
the eye witness of the alleged occurrence, petitioner Nos.1
and 3 are brother-in-law(Bhaisur) and petitioner No.2 is
sister-in-law (Gotni) of the deceased, their accommodation is
separate, they are not living with the family members of the
deceased, the police, after investigation, submitted
chargesheet against the petitioners vide Chargesheet No.636
of 2025 dated 31.12.2025 under Sections 80 read with Section
3(5) of BNS and Section 3/4 of D.P.Act and the petitioners
are in custody since 17.10.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for
bail of the petitioners.
6. Considering the aforesaid facts, petitioners have
clean antecedent, there is no specific allegation of any assault,
Patna High Court CR. MISC. No.11308 of 2026(4) dt.02-04-2026
3/4
overt-act or demand of dowry attributed against the
petitioners in the FIR, let the petitioners, above named, be
released 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 learned Additional Chief Judicial
Magistrate-II, Saran at Chapra in connection with Bhagwan
Bazar P.S. Case No. 570 of 2025, with the following
conditions:-
(I) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on theri absence on two consecutive dates without
sufficient reason, their bail bond shall be cancelled by the
Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioners and in
case at any stage, it is found that the petitioners have
concealed their criminal antecedents, the court below shall
take step for cancellation of bail bond of the petitioners.
Patna High Court CR. MISC. No.11308 of 2026(4) dt.02-04-2026
4/4
However, the acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or in the
name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…