Patna High Court
Prahlad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The High Court granted bail to the petitioners, subject to conditions, exercising its inherent powers under Section 482(2) of the B.N.S.S.
Summary
The petitioners, father‑in‑law and mother‑in‑law of the complainant, sought bail fearing arrest in a dowry‑related case (PS Case No 535 of 2024) alleging they were falsely implicated in a dowry demand, torture and alleged poisoning of the complainant’s daughter. The prosecution alleged that after the marriage, the daughter was subjected to dowry demands of land and cash, was tortured and allegedly given poison. The petitioners contended that they lived separately, had no involvement, and that the medical examination found no evidence of poisoning or external injuries. The court noted the doctor’s report negating poisoning, the general and omnibus nature of the allegations, and that co‑accused had already been granted anticipatory bail. Accordingly, the High Court exercised its inherent powers under Section 482(2) of the B.N.S.S. and ordered bail for the petitioners with specific conditions.
Issues considered
- Whether the allegations against the petitioners constitute sufficient ground to deny bail.
- Whether the High Court can grant bail under its inherent powers under Section 482(2) of the B.N.S.S. in a dowry‑related offence.
- Whether the medical evidence negating poisoning affects the bail decision.
Legislation cited
- B.N.S. — s. 123, 3(5), 85
- Dowry Prohibition Act — s. ¾
Subjects
- dowry harassment
- anticipatory bail
- bail
- Section 482
- false allegations
- medical evidence
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12444 of 2026
Arising Out of PS. Case No.-535 Year-2024 Thana- LAKHISARAI District- Lakhisarai
======================================================
1. Prahlad Singh S/O Late Jago Singh R/O Village- Vidyapeeth Chowk,
Lakhisarai, P.S- Lakhisarai, Distt.- Lakhisarai.
2. Munni Devi W/O Prahlad Singh R/O Village- Vidyapeeth Chowk,
Lakhisarai, P.S- Lakhisarai, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Adv.
For the Opposite Party/s : Mr.Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Lakhisarai P.S. Case No. 535 of 2024 dated
12.09.2024 registered for the offence punishable under Sections
85, 123, 3(5) of the B.N.S. and Section ¾ of the Dowry
Prohibition Act.
3. As per prosecution case, the marriage of the daughter
of the O.P. No.2 was solemnized with Ranjit Kumar on
18.04.2024. However, soon after the marriage, she was
subjected to demand of dowry and on account of non-fulfillment
of the same, she was tortured in various ways and also
administered poison. The accused persons are bent upon
demanding one Katha of land and cash of Rs. 10 lakhs.
4. Learned counsel for the petitioners submits that both
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the petitioners are father-in-law and mother-in-law of the
Informant’s daughter and were residing separately and had no
concern with her. It is next submitted that during course of
treatment, when the husband of the Informant’s daughter was
taken to the hospital, it has not been found that she was tortured
and a false and fabricated allegation has been levelled against
the petitioners. On the alleged date of occurrence, in order to
terrorize the husband, the victim took poison and, thereafter, she
was taken to Mamta Emergency Hospital, Lakhisarai and during
course of treatment and after due examination, no case of
poisoning was found by the doctor and the doctor has also
opined that no external injury was also found on the person of
the victim. It is further submitted that the co-accused persons
have already been granted privilege of anticipatory bail vide
order dated 13.08.2025 passed by a Co-ordinate Bench of this
Court in Cr. Misc. No. 30408 of 2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and
considering the fact that the doctor has denied poison having
been administered to the daughter of the Informant and the
allegations leveled against the petitioners are general and
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omnibus and they have been residing separately as also the fact
that the co-accused have already been granted privilege of
anticipatory bail by a Co-ordinate Bench of this Court, let the
above named petitioners, be released on bail, in the event of
their arrest or surrender before the learned Court below within a
period of six weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case
No. 535 of 2024, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S. as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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