Patna High Court
Bindu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions and verification of the husband’s surrender.
Summary
The petitioners, Bindu Devi and Rudra Narayan Mishra, filed an anticipatory bail application in a case (Pachpakari P.S. Case No. 175 of 2025) where they were named among six accused under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly conspiring to murder the informant’s daughter and demanding a dowry of Rs.15 lakh. The petitioners contend they are the father‑in‑law and mother‑in‑law of the deceased, assert that the marriage took place in 2022 and that their son lives separately, and deny any involvement in the alleged crime or dowry demand. They also argue that the attachment order against them is illegal and have challenged it in a criminal revision before the Principal District & Sessions Judge, Motihari. The State and the informant opposed bail, questioning the surrender status of the husband of the deceased. The Court, considering the petitioners’ age, separation from the accused family members, and the pending criminal revision, granted anticipatory bail subject to a Rs.30,000 bond, the presence of a family bailor, mandatory appearance before the trial court, and verification that the husband has indeed surrendered.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the pending criminal revision and alleged involvement in the murder and dowry demand.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 3(5), 482(2), 80(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3
- Section 2(1)(d)
- Section 482
- dowry demand
- murder
- criminal revision
- attachment order
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21743 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- Pachpakdi District- East Champaran
======================================================
1. Bindu Devi W/o Rudra Narayan Mishra @ Bhutuk Mishra. Resident of
Village - Devapur, Ward No.16, P.S-Packpakari, District- East Champaran.
2. Rudra Narayan Mishra @ Bhutuk Mishra S/o Late Shivchandra Mishra
Resident of Village - Devapur, Ward No.16, P.S-Packpakari, District- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishwajeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners, learned APP
for the State and learned counsel for the informant.
2. The petitioners are apprehending arrest in
connection with Pachpakari P.S. Case No. 175 of 2025 lodged
on 08.11.2025, for the offence punishable under Sections 80(2)
& 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
six named accused persons including the present petitioners.
The allegation in the FIR is that the accused persons in
connivance with each other have killed the informant’s
Patna High Court CR. MISC. No.21743 of 2026(2) dt.08-04-2026
2/5
daughter. The marriage of the informant’s daughter was
solemnized in the year 2022 and the accused persons used to
torture her repeatedly. It has also been alleged that the accused
persons have demanded Rs.15,00,000/- in the name of land.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the present petitioners are father in law
and mother in law of the deceased and the allegation made in
the FIR is absolutely false and may not be accepted. Counsel
submits that the marriage was solemnized in the year 2022 and
after marriage, the son of the petitioners started living with his
wife separately. Counsel submits that the allegation of demand
of dowry is also absolutely false. Counsel submits that the
petitioners are old aged persons and they never interfere in the
family life of their son and daughter in law. Counsel further
submits that the husband of the deceased moved before this
Hon’ble Court seeking anticipatory bail, but the same has been
dismissed as withdrawn vide order dated 07.04.2026 passed in
Cr. Misc. No. 18093 of 2026. Thereafter, the husband of the
deceased has surrendered before the trial court.
5. Learned counsel for the petitioners further submits
that it is true that the process of attachment has been issued
Patna High Court CR. MISC. No.21743 of 2026(2) dt.08-04-2026
3/5
against the present petitioners, but the said process of
attachment has already been challenged in the Criminal
Revision No. 61 of 2026 before the Principal District &
Sessions Judge, Motihari, East Champaran, as the said process
of attachment is itself bad and illegal. Counsel further submits
that the petitioners have clean antecedent and they are ready to
fulfill all the conditions whatsoever shall be imposed upon
them.
6. Learned counsel for the informant who appeared
suo-moto, vehemently opposes the prayer for bail and submits
that as per his information, the husband of the deceased has not
surrendered before the trial court. He further submits that with a
view to save the skin, the said criminal revision has been filed
under a strategy and hence, the present anticipatory bail
application be rejected.
7. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that as per the submissions
made by counsel for the petitioners, husband of the deceased is
already in custody, but that has to be verified.
8. As such, in the present facts and circumstances of
this case considering that the father and mother are living
separately from their son and daughter in law and for issuance
Patna High Court CR. MISC. No.21743 of 2026(2) dt.08-04-2026
4/5
of attachment order, criminal revision is already pending,
therefore, 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 B.N.S.S., 2023 to the
satisfaction of S.D.J.M., East Champaran, Motihari, in
connection with Pachpakari P.S. Case No. 175 of 2025, subject
to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023
with further conditions:-
(i) one of the bailors should be the family member of
the petitioners who shall provide official document to show
his/her bona fide;
(ii) the petitioners shall appear before the Trial Court
on each and every scheduled date, and failure to do so for two
consecutive dates without any plausible reason/explanation shall
be resulted into cancellation of their bail bonds by the Trial
Court itself;
9. The bail bonds of the petitioners shall be accepted
by the trial court only after being satisfied that the husband of
the deceased has already surrendered before the trial court. If the
submission made by the counsel for the petitioners regarding the
Patna High Court CR. MISC. No.21743 of 2026(2) dt.08-04-2026
5/5
surrender of the husband is found to be incorrect, then the
benefit of the present anticipatory bail granted to the petitioners
shall not be given effect to.
(Dr. Anshuman, J)
Divyansh/-
U T
Checking your session…