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Patna High Court

Lagmano DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court denied anticipatory bail to petitioner no.1 but granted it to petitioner no.2.

Summary

Lagmano Devi (mother‑in‑law) and Vishal Kumar (brother‑in‑law) applied for anticipatory bail in a dowry‑death case (Barhara P.S. Case No. 197 of 2025) filed under Sections 80(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that they participated in the killing of the deceased over a dowry demand. The court observed that there is prima facie material linking the mother‑in‑law to the offence, whereas only general, omnibus allegations exist against the brother‑in‑law. Consequently, anticipatory bail was denied to the mother‑in‑law but granted to the brother‑in‑law subject to a bail bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the BNSS. The order was made clear to be limited to the bail application and not an assessment of the merits of the criminal case.

Issues considered

  • Whether anticipatory bail should be granted to the mother‑in‑law (petitioner no.1) in view of the prima facie material against her.
  • Whether anticipatory bail should be granted to the brother‑in‑law (petitioner no.2) despite only general allegations.
  • Whether the presence of prima facie evidence justifies denial of anticipatory bail under the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Bharatiya Nyaya Sanhita
  • prima facie evidence
  • mother‑in‑law
  • brother‑in‑law
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14246 of 2026
                      Arising Out of PS. Case No.-197 Year-2025 Thana- BARHARA District- Bhojpur
                 ======================================================
           1.     Lagmano Devi Wife of Surendra Rai resident of Village - Matukpur, P.S.-
                  Barhara, Bhojpur.
           2.    Vishal Kumar Son of Surendra Rai Resident of Village - Matukpur, P.S.-
                 Barhara, Bhojpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Akanksha Malviya
                 For the Opposite Party/s :       Mr. Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   01-07-2026                  A counter affidavit has been filed by the learned APP

                   for the State; Mr. Jharkhandi Upadhyay.

                                2. Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                3. The petitioners apprehend arrest in connection with

                   Barahara P.S. Case No. 197 of 2025 registered for offences

                   under Sections 80(2), 61(2), 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                4. As per the prosecution case, the petitioners along

                   with others are accused of killing the deceased due to non-

                   fulfillment of dowry demand.

                                5. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.14246 of 2026(4) dt.01-07-2026
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          petitioners are quite innocent and have not committed any

          offence. It is further submitted that the petitioner no. 1 is the

          mother-in-law and the petitioner no. 2 is the brother-in-law of

          the deceased.

                       6. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       7. I have considered the submissions of the parties and

          have gone through the records of the case. The allegations

          against the petitioner no.1 are serious and grave in nature.

          There exists prima facie material against the petitioner no. 1

          indicating her involvement in the commission of the offence. So

          far as the petitioner no. 2 is concerned, there are general and

          omnibus allegations against him.

                       8. Considering the allegations levelled against the

          petitioner no. 1, who is the mother-in-law of the deceased, I am

          not inclined to grant anticipatory bail to the petitioner.

                       9. Accordingly, the prayer for bail of the petitioner

          no.1 is hereby rejected.

                       10. Considering the general and omnibus allegation

          levelled against the petitioner no. 2, who is the brother-in-law of

          the deceased, his prayer for bail is allowed.

                       11. Accordingly, let the petitioner no. 2, above-named,
            Patna High Court CR. MISC. No.14246 of 2026(4) dt.01-07-2026
                                                        3/3




                      in the event of arrest or surrender within four weeks from today

                      in the Court below, be released on anticipatory bail on

                      furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned Court below where the case is pending/successor Court

                      in connection with Barahara P.S. Case No. 197 of 2025 subject

                      to the conditions as laid down under Section 482(2) of the

                      BNSS.

                                   12. It is made clear that any observation made herein

                      is prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.

                                   13. The application is partly allowed.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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