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
- B.N.S. Act — s. 3(5), 80(2)
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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