Patna High Court
Umesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court inclined to grant anticipatory bail to the petitioners.
Summary
Umesh Singh and Pramila Devi, the father‑in‑law and mother‑in‑law of a deceased woman, sought anticipatory bail fearing arrest in a dowry‑death case (Sangrampur P.S. Case No.434 of 2025) filed under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s complaint, based on a statement by Vikash Singh, alleged that the deceased was harassed for additional dowry and was subsequently killed by the accused, with the husband already in judicial custody. The petitioners argued that no specific allegation linked them to the crime, they have no criminal antecedent, and the investigation against the husband is complete. The State and the informant opposed the anticipatory bail. Considering the lack of specific charges against the petitioners and the husband’s custody, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) CrPC/Section 482(2) Bhartiya Nagarik Suraksha Sanhita in the absence of specific allegations against them.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 80
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- no criminal antecedent
- husband in custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15560 of 2026
Arising Out of PS. Case No.-434 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
1. Umesh Singh Son of Late Lalan Singh Resident of village- Dariyapur, ps-
Sangrampur, Dist- East Champaran
2. Pramila Devi wife of Umesh Singh Resident of village- Dariyapur, ps-
Sangrampur, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
For the Informant : Mr. Prateek Tandon, Advocate
Mr. Rohit Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 29-04-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Sangrampur P.S. Case No.434 of 2025, F.I.R
dated 08.11.2025 registered for the offences punishable under
Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, based on a
complaint by Vikash Singh. He alleged that his cousin, Rani
Devi, was married to Vivek Kumar Singh a year earlier with
dowry, but was continuously harassed for additional demands
(chain, motorcycle, and ring). He further alleged that the named
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accused persons killed her and disposed of her body in a field
about 200 meters from the house. He received this information
on 07.11.2025 at around 5:00 PM.
4. Learned counsel for the petitioners submits that the
petitioners are father-in-law and mother-in-law of the deceased
and are innocent and have falsely been implicated in the present
case. It has further been submitted that the allegations are of
general and omnibus in nature and the husband of the deceased
is already under judicial custody. Case diary was called for vide
order dated 12.03.2026 but nothing specific against these
petitioners have been referred. It has next been submitted that
the investigation in respect of the husband is already completed
and has been charge-sheeted and he undertakes to cooperate
with the investigation and in case, he is put under trial, he will
cooperate with the same. Lastly, it has been submitted that the
petitioners have no criminal antecedent.
5. Learned APP for the State and the learned counsel
for the informant, who has appeared suo motu in this case
opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the husband of the petitioner is already under judicial
custody and there is no specific allegation against these
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petitioners and the petitioners have no criminal antecedent.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, East Champaran at
Motihari, in connection with Sangrampur P.S. Case No.434 of
2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other 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 his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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)
sharun/-
U T
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