Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The anticipatory bail application with respect to petitioner No. 1, Ritesh Kumar, is dismissed as withdrawn.
Summary
The petitioners – Ritesh Kumar and three relatives – were accused of torturing and allegedly causing the death of an informant’s daughter over a dowry demand. They filed an anticipatory bail application in Basantpur P.S. Case No. 664 of 2024, invoking Sections 80(2) and 3(5) of the Bhartiya Nyaya Sanhita. The petitioners argued that the mother‑in‑law of the deceased had been acquitted in Sessions Trial No. 132 of 2025 and that the informant and her husband did not support the prosecution. The State opposed the bail. The court, after hearing both sides, permitted the petitioners’ counsel to withdraw the anticipatory bail application for petitioner No. 1, Ritesh Kumar, and dismissed that application as withdrawn. It also stipulated that, should any of the petitioners be arrested within six weeks, they may be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Sections 80(2) and 3(5) of the Bhartiya Nyaya Sanhita.
- Whether the anticipatory bail application can be withdrawn by the petitioners.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 3(5), 80(2)
Subjects
- anticipatory bail
- dowry death
- Section 80
- Section 3
- Section 482
- withdrawal of application
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16820 of 2026
Arising Out of PS. Case No.-664 Year-2024 Thana- BASANTPUR District- Siwan
======================================================
1. Ritesh Kumar Son of Parma Prasad @ Parma Mahto @ Prama Mahto
Resident of Village - Sani Bagahi, P.S. - Basantpur, District - Siwan
2. Sabita Kumari @ Sabita Devi Wife of Dinesh Mahto Resident of Village -
Sani Bagahi, P.S. - Basantpur, District - Siwan
3. Nitesh Kumar @ Nitish Mahto son of Parma mahto @ Prama Mahto
Resident of Village - Sani Bagahi, P.S. - Basantpur, District - Siwan
4. Parma Prasad @ Parma Mahto @ Prama Mahto son of Late Satyanrayan
Mahto Resident of Village - Sani Bagahi, P.S. - Basantpur, District - Siwan
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh
For the Opposite Party/s : Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 29-04-2026 Learned counsel for the petitioners seeks permission
to withdraw the present anticipatory bail application with
respect to petitioner No. 1, namely, Ritesh Kumar.
2. Prayer is allowed.
3. This anticipatory bail application with respect to
petitioner No. 1, namely, Ritesh Kumar, is accordingly
dismissed as withdrawn.
4. Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
6. This application for anticipatory bail arises out
of Basantpur P.S. Case No. 664 of 2024 for the offence
Patna High Court CR. MISC. No.16820 of 2026(3) dt.29-04-2026
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punishable under Sections 80(2) and 3(5) of the Bhartiya Nyaya
Sanhita.
3. As per the allegation, the petitioners and co-
accused persons used to torture the daughter of the informant
with regard to demand of dowry with respect to gold chain and a
motorcycle, and subsequently, it has been alleged that for non-
fulfillment of the demand of dowry, the daughter of the
informant was done to death.
4. Learned counsel for the petitioners has submitted
that in this case, the mother-in-law of the deceased was tried in
Sessions Trial No. 132 of 2025 and after trial, by the judgment
dated 04.07.4025, passed by District and Additional Sessions
Judge-II, Siwan, she came to be acquitted. A statement has been
made to this effect in paragraph 9 of the anticipatory bail
application and learned counsel for the petitioners has produced
the certified copy of the said judgment dated 04.07.4025 in
support of the same. Learned counsel for the petitioners has also
produced the copy of the evidence of the informant as well as
her husband in the said sessions trial. It has been submitted that
the informant as well as her husband has not supported the
prosecution case during the course of trial. It has been further
submitted that petitioner No. 2 is the married sister-in-law
Patna High Court CR. MISC. No.16820 of 2026(3) dt.29-04-2026
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(Nanad), petitioner No. 3 is the elder brother-in-law (Bhaisur)
and petitioner No. 4 is the father-in-law respectively of the
deceased and they lived separately from the deceased and her
husband and there is general and omnibus allegation against
them.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioners.
6. Heard the parties and perused the record.
Considering the facts and circumstances, let the petitioners
above named, in the event of their arrest/surrender within six
weeks from today in the Court below, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned ACJM-I Class, Siwan, in connection with Basantpur P.S.
Case No. 664 of 2024, subject to the conditions as laid down
under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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