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Patna High Court

Naresh Patel @ Naresh PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to a bond and conditions under the Bhartiya Nyaya Sanhita, 2023.

Summary

The petitioners, members of the deceased woman's family, sought anticipatory bail after an FIR under Section 80 of the Bhartiya Nyaya Sanhita, 2023 alleged they were involved in the dowry‑related killing of the informant's daughter. The petitioners contended they had no role in the crime, that the FIR was vague, and that the husband of the deceased was already in custody. The State opposed the bail, arguing the seriousness of the allegations. The Court examined whether the allegations justified denial of bail and considered the provisions of the BNS, 2023. Finding the petitioners' claims credible and noting the husband’s custody, the Court granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the BNS, 2023.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 80 of the Bhartiya Nyaya Sanhita, 2023 in view of the FIR alleging dowry‑related homicide.
  • Whether the allegations in the FIR are sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Bhartiya Nyaya Sanhita
  • Section 80
  • FIR
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21686 of 2026
                    Arising Out of PS. Case No.-140 Year-2025 Thana- ARERAJ District- East Champaran
                 ======================================================
           1.     Naresh Patel @ Naresh Prasad S/o- Prabhu Raut @ Prabhu Patel R/v- Areraj
                  W.No-9, Near Sadhu Math Ps- Areraj Dist- East Champaran
           2.    Ramkumari Devi @ Geeta Devi W/o- Prabhu Patel @ Prabhu Raut R/v-
                 Areraj W.No-9, Near Sadhu Math Ps- Areraj Dist- East Champaran
           3.    Prabhu Patel @ Prabhu Raut S/o- Bhikhu Raut R/v- Areraj W.No-9, Near
                 Sadhu Math Ps- Areraj Dist- East Champaran

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :        Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Areraj P.S. Case No. 140 of 2025, dated

                   28.06.2025, lodged under Section 80 of the Bhartiya Nyaya

                   Sanhita, 2023 (hereinafter referred to as “BNS, 2023”).

                                3. As per the prosecution, an FIR has been lodged

                   against the entire family, alleging that the accused persons killed

                   the informant’s daughter for non-fulfillment of the dowry

                   demand.
Patna High Court CR. MISC. No.21686 of 2026(2) dt.08-04-2026
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                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that the allegations made in the FIR are

          general and omnibus in nature. It is submitted that the husband

          of the deceased has already been taken into custody.

                       5. Counsel further submits that Petitioner No. 1 is the

          brother-in-law, Petitioner No. 2 is the mother-in-law, and

          Petitioner No. 3 is the father-in-law of the deceased. It is also

          submitted that the deceased and her husband used to live

          together, and the petitioners had no involvement in their day-to-

          day affairs. Counsel further submits that the marriage was

          solemnized in the year 2021.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioners but fairly submits that it has been

          mentioned in the pleadings that the deceased’s husband is

          already in custody.

                       7. As such, in the present facts and circumstances of

          this case, let the above named petitioners be released on

          anticipatory bail, in the event of arrest or surrender before the

          Trial Court within a period of 4 weeks from today, on furnishing

          bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as

          mentioned in Section 2(1)(d) of the BNSS, 2023 to the
          Patna High Court CR. MISC. No.21686 of 2026(2) dt.08-04-2026
                                                      3/3




                    satisfaction of Additional Chief Judicial Magistrate-V, East

                    Champaran, Motihari, in connection with Areraj P.S. Case No.

                    140 of 2025, subject to the conditions as laid down U/s 482(2)

                    of the BNSS, 2023.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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