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Patna High Court

Nandu PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court granted bail to the petitioner.

Summary

Nandu Prasad, the father‑in‑law of the deceased, applied for bail in a dowry‑death case (Giriyak P.S. Case No. 428 of 2025) registered under Sections 80(2) and 3(5) of the B.N.S. Act. The prosecution alleged that the victim was tortured and killed for non‑payment of dowry, while the petitioner contended that the death resulted from a fall and that the husband, who is already in custody, is the primary accused. The informant’s counsel opposed bail, asserting a brutal assault leading to death. The court observed that the versions of injury were disputed, there was no direct allegation against the petitioner, and the husband’s custody reduced the risk of the petitioner absconding. Consequently, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 80(2) and 3(5) of the B.N.S. Act in a dowry‑death case.
  • Whether the petitioner is directly implicated in the alleged offence or merely a family member.

Legislation cited

Subjects

  • dowry death
  • bail
  • B.N.S. Act
  • criminal procedure
  • disputed facts

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13497 of 2026
                       Arising Out of PS. Case No.-428 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Nandu Prasad Son of Late Baleshwar Mahto Resident of Village- Bishunpur,
                 P.S.- Giriyak (Pawapuri), District- Nalanda (Bihar)
                                                                            ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arun Kumar
                 For the Opposite Party/s :       Mr.Prem Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   01-04-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The petitioner seeks bail in Giriyak P.S. Case No. 428

                   of 2025 registered under Sections 80(2), 3(5) of B.N.S. Act.

                              3. Allegation against the accused persons including the

                   petitioner is of torturing and causing death of the victim due to

                   non-fulfillment of demand of dowry.

                              4.It has been submitted on behalf of the petitioner that

                   the younger sister of the informant was married to the son of the

                   petitioner on 11-05-2025 and thereafter, dowry demand started.

                   It has also been submitted that husband of the deceased is in

                   custody and the main cause of dispute was with the husband.

                   Moreover, the victim was taken to the hospital for treatment

                   where she died in course of treatment. It has also been submitted

                   that as a matter of fact, the injury sustained by the
            Patna High Court CR. MISC. No.13497 of 2026(3) dt.01-04-2026
                                                        2/2




                      victim/deceased occurred due to fall and thereafter, she was

                      taken to the hospital for treatment but she succumbed to the

                      injuries.

                                   5. Mrs. Kiran Kumari, learned counsel appearing for

                      the informant has opposed the prayer for bail by submitting that

                      the victim was brutally assaulted and ultimately, she was killed

                      due to non-fulfillment of the demand of dowry within a short

                      span of her marriage.

                                   6. Considering the fact that there are disputed versions

                      with regard to the injury sustained by the deceased coupled

                      with the fact that the husband of the deceased is in custody and

                      the petitioner is the father-in-law of the deceased against whom

                      no specific or direct allegation is there.

                                   7. Considering the aforesaid, this application is

                      allowed. Let the petitioner, above named, be released on bail on

                      furnishing bail bonds of Rs.10,000/- (Ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Court below/concerned Court, Nalanda at Bihar Sharif in

                      connection with Giriyak P.S. Case No. 428 of 2025.



                                                       (Ansul, J)
A.K.V.//-
U       T


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