Created by Fuzzy Cloud

Patna High Court

Naval Raut @ Nawal Kishore RautversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.17944 of 2025(5) dt.08-01-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.17944 of 2025(5) dt.08-01-2026
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.