Patna High Court
Lagmano DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 61(2), 80(2)
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
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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,
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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/-
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