Patna High Court
Jailal MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioners are granted bail subject to a bond of ₹30,000 each and compliance with the conditions of Sections 2(1)(d) and 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, Jailal Mahto and his wife Kumari Devi, were implicated in a dowry‑death case (PS‑Case No.391 of 2025) under sections 103(1), 80(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They claimed innocence, stating they are the father‑in‑law and mother‑in‑law of the deceased and had no role in the alleged crime, and that the victim’s husband had already surrendered. The State opposed their bail application. The Court, after considering the clean antecedents of the petitioners and the fact that the principal accused had surrendered, ordered that they be released on bail upon furnishing a bond of ₹30,000 each, subject to conditions under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 and Section 482(2) of the same Act. The bail order was conditioned on their surrender or arrest within four weeks before the trial court. The decision reflects the Court’s discretion to grant bail where the facts do not warrant continued detention.
Issues considered
- Whether the petitioners, accused under sections 103(1), 80(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, are entitled to bail.
- Whether the conditions prescribed under Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, are applicable.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 80(1)
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15701 of 2026
Arising Out of PS. Case No.-391 Year-2025 Thana- KOTWA District- East Champaran
======================================================
1. Jailal Mahto Son of Kushhar Mahto Both Resident of Vill. - Macharganwa,
P.S.-Kotwa, Dist - East Champaran.
2. Jail Kumari Devi @ Jai Kumari Devi W/o Jailal Mahto Both Resident of
Vill. - Macharganwa, P.S.-Kotwa, Dist - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners who apprehend arrest in connection
with Kotwa P.S. Case No. 391 of 2025 lodged on 02.11.2025,
for the offences punishable under sections 103(1), 80(1) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged
against seven named accused persons, including the petitioners,
alleging therein that the daughter of the informant was killed for
non-fulfillment of dowry demand.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. It is
further submitted that the petitioners, being the father-in-law
and mother-in-law of the deceased, have no role in the alleged
Patna High Court CR. MISC. No.15701 of 2026(2) dt.25-03-2026
2/2
occurrence and have been falsely implicated in the present case.
It is also submitted that the husband of the victim has already
surrendered on 21.12.2025 in connection with this case. The
antecedents of the petitioners are clean and they undertake to
abide by any condition that may be imposed by this Hon’ble
Court in the event of grant of bail.
5. Learned APP for the State opposes the prayer for
bail.
6. In the facts and circumstances of the case, let the
above-named petitioners be released on bail, in the event of
their arrest or surrender before the Trial Court within a period of
four weeks from today, on furnishing bail bond of ₹30,000/-
(Rupees Thirty Thousand only) each, as mentioned in Section
2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the
satisfaction of the learned Judicial Magistrate, 1st Class,
Motihari, East Champaran, in connection with the
aforementioned case, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,
2023.
(Dr. Anshuman, J)
Ashwini/-
U T
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