Patna High Court
Naval Raut @ Nawal Kishore RautversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the FIR does not disclose a dowry death and therefore granted bail to the petitioners.
Summary
Naval Raut and Uday Raut were named in an FIR (Parihar PS Case No. 355 of 2023) for the alleged murder of the informant's daughter, charged under IPC Sections 304B, 201 and 34. The petitioners contended that the death was not a dowry death because it occurred after more than ten years of marriage, the deceased died of natural illness, and the FIR contained no allegation of dowry demand. They also highlighted that the husband and mother‑in‑law had already been acquitted in a related trial and that the informant had not supported the prosecution. The State opposed bail, but the court noted the lack of specific dowry‑related allegations, the petitioners' status as in‑laws living separately, and the general nature of the accusations. Consequently, the court ordered their release on bail subject to a bond and sureties, invoking Section 482(2) of the CrPC.
Issues considered
- Does the FIR disclose a dowry death within the meaning of Section 304B IPC?
- Should bail be granted to the petitioners pending trial?
- Are the allegations sufficient to justify continued custody of the petitioners?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 201, 304B, 34
Subjects
- dowry death
- bail
- IPC
- CrPC
- murder
- in‑laws
- general allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17944 of 2025
Arising Out of PS. Case No.-355 Year-2023 Thana- PARIHAR District- Sitamarhi
======================================================
1. Naval Raut @ Nawal Kishore Raut Son of Late Ramshresth Raut Resident
of Village - Vishnupur, P.S - Parihar, District - Sitamarhi
2. Uday Raut @ Uday Shankar Kumar Son of Nawal Raut @ Nawal Kishore
Raut Resident of Village - Vishnupur, P.S - Parihar, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar, Adv.
For the Opposite Party/s : Mr. Navin kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 08-01-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Parihar P.S. Case
No. 355 of 2023 registered for the offences punishable under
Sections 304B, 201, 34 of IPC.
3. The allegation against petitioners is to commit
murder of the daughter of the informant who is none but
daughter-in-law of accused petitioner no. 1.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that present is not a case of dowry
death for the reason that the alleged occurrence took place on
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13.12.2023, the day on which her childrens was more than
10 years old. It is submitted that the daughter of informant
died naturally out of her illness. It is submitted that the
husband of the deceased and mother-in-law already acquitted
after facing trial through judgment dated 01.12.2025 passed
in sessions trial no. 286 of 2025 from the court of learned
Principal District Judge, Sitamarhi. It is pointed out that
during aforesaid trial informant failed to support the case of
prosecution. It is also submitted by learned counsel that the
allegation of demand of dowry is not available from the facial
perusal of FIR, and moreover, petitioners were implicated
only being in-laws facing general and omnibus allegation who
are living separately with deceased and her husband having
no concerns with their daily and domestic affairs.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as both above-named petitioners are in-
laws of deceased who claimed living separately and facing
general and omnibus allegations, coupled with the fact that
the FIR nowhere suggests that the occurrence took place in
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the background of dowry demand, accordingly both above-
named petitioners, in the event of their arrest or surrender
before the court below within a period of four weeks, are
directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned CJM,
Sitamarhi /concerned Court, where the case is pending in
connection with Parihar P.S. Case No. 355 of 2023, subject to
the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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