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Patna High Court

Mulayam Rai @ Rajesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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
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          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


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