Patna High Court
Mahesh RautversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 3(5), 80
- Bhartiya Sakshya Adhiniyam, 2023 — s. 117, 118
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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
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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
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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/-
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