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Patna High Court

Mahesh RautversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court denied anticipatory bail to petitioner No. 1 but granted it to petitioner No. 2 subject to conditions under Section 482(2) of the CrPC.

Summary

The petitioners sought anticipatory bail in a dowry death case registered under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging that the death of the informant's daughter was a suicide and that they were falsely implicated. The first petitioner, the father‑in‑law of the deceased, claimed innocence, while the second petitioner, the sister‑in‑law (nanad), argued she had no involvement. The prosecution highlighted the presumption of guilt under Sections 117 and 118 of the Bhartiya Sakshya Adhiniyam, 2023, given the unnatural death within a year of marriage. The court noted the seriousness of the offence and the statutory presumption, and therefore refused anticipatory bail to petitioner No. 1. However, considering petitioner No. 2’s peripheral relationship, the court granted her anticipatory bail subject to a bond and sureties under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether anticipatory bail should be granted to the father‑in‑law (petitioner No. 1) in a dowry death case under the Bhartiya Nyaya Sanhita.
  • Whether anticipatory bail should be granted to the sister‑in‑law (petitioner No. 2) given the statutory presumption under the Bhartiya Sakshya Adhiniyam.
  • Application of the presumption of guilt under Sections 117 and 118 of the Bhartiya Sakshya Adhiniyam, 2023, in the context of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • presumption of guilt
  • Bhartiya Nyaya Sanhita
  • Bhartiya Sakshya Adhiniyam
  • Criminal Procedure Code
  • Section 482
  • Section 80
  • Section 3(5)
  • Section 117
  • Section 118
  • family law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18610 of 2026
                        Arising Out of PS. Case No.-134 Year-2025 Thana- ISUAPUR District- Saran
                 ======================================================
           1.     Mahesh Raut S/O Lacho Raut R/O Village- Sadhwara, P.S-Ishuapur,
                  District- Saran.
           2.    Kushum Devi W/O Sangam Mahto, D/O Mahesh Raut R/O Village-
                 Sadhwara, P.S- Ishuapur, Distt.- Saran at Chapra.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shakti Suman Kumar
                 For the Opposite Party/s :        Mr.Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026          1. Heard learned Counsel for the petitioners and learned

                             Additional Public Prosecutor representing the State.

                        2.   This application, for grant of anticipatory bail, arises out

                             of Ishuapur Police Station Case No. 134 of 2025, dated

                             09.07.2025, registered for the offences punishable under

                             Sections 80/3(5) of the Bhartiya Nyaya Sanhita, 2023.

                        3.   The prosecution case, as per the First Informant Report,

                             is that the marriage of the daughter of the informant was

                             solemnized on 09.12.2024 with the son of the petitioner

                             no. 1. and after sometime, her in-laws and the husband

                             started demanding one gold chain and one motorcycle by

                             way of dowry and due to non-fulfillment of the said
Patna High Court CR. MISC. No.18610 of 2026(2) dt.08-04-2026
                                            2/4




                   demand, the daughter of the informant was tortured, both

                   mentally as well as physically and on 08.07.2025, the

                   accused persons killed the daughter of the informant and

                   fled away.

              4.   Learned Counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated

                   in this case with ulterior motive. He further submits that

                   the petitioner no. 1 is the father-in-law and the petitioner

                   no. 2 is the married sister-n-law (nanad) of the deceased.

                   He further submits that the deceased was a short-

                   tampered lady and she had committed suicide. He further

                   submits that the petitioners are separate in mess and

                   property and they have got no concern with the day to

                   day life of the deceased and/or her husband.

              5.   On the other hand, learned Additional Public Prosecutor

                   vehemently opposed the prayer for bail and submits that

                   within one year of the marriage, the deceased was killed

                   by her in-laws for demand of dowry.

              6. I have heard learned counsel for the parties and have

                   gone through the materials on record including the

                   impugned order.

              7.   Within one year of the marriage, the informant’s daughter
Patna High Court CR. MISC. No.18610 of 2026(2) dt.08-04-2026
                                            3/4




                   died an unnatural death in her matrimonial home. The

                   nature of death is not important whether it is natural,

                   suicidal or accidental but the fact of the matter is that

                   deceased died an unnatural death within one year of her

                   marriage. There is a presumption against the accused

                   persons under Section 117 and 118 Bhartiya Sakshya

                   Adhiniyam, 2023. The offence is serious in nature and

                   the punishment thereof is also serious.

              8. Accordingly, I am not inclined to grant anticipatory bail

                   to the petitioner no. 1.

              9.   This application, so far as petitioner no. 1 is concerned, is

                   dismissed.

              10. However, considering the fact that the petitioner no. 2 is

                   the married sister-in-law (nanad) of the deceased, I am

                   inclined to grant her privilege of anticipatory bail.

              11. This application, so far as petitioner no. 2 is concerned, is

                   allowed.

              12. Let the petitioner no. 2, above named, in the event of her

                   arrest or surrender before the Court below within a period

                   of four weeks from today, 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
            Patna High Court CR. MISC. No.18610 of 2026(2) dt.08-04-2026
                                                        4/4




                              learned Chief Judicial Magistrate, Saran, at Chapra, in

                              connection with Ishuapur Police Station Case No. 134 of

                              2025, subject to the condition laid down under Section

                              482 (2) of the Code of Criminal Procedure.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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