Patna High Court
Prem SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, Prem Singh, Hari Kishun Singh and Sheela Devi, applied for anticipatory bail in a complaint (No. 173C of 2010) alleging involvement in the dowry‑death of a daughter‑in‑law under IPC sections 304B and 34. The prosecution’s case was that the petitioners, as elder brother‑in‑law, father‑in‑law and sister‑in‑law, demanded a motorcycle, tortured the victim and she was subsequently murdered. The police filed a final report finding the allegations false and recommended prosecution against the informant, while a co‑accused (the husband) had already been granted anticipatory bail by a coordinate bench. The petitioners argued they had no criminal antecedent and were wrongly implicated. Considering the police report, the similarity to the co‑accused’s bail, and the petitioners’ familial relationship, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2).
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the serious nature of the alleged offences under IPC 304B and 34
- Whether the police’s final report finding the allegations false justifies the grant of anticipatory bail
- Whether the petitioners are likely to tamper with evidence or influence the investigation
Legislation cited
- Criminal Procedure Code — s. 438, 482(2)
- Indian Penal Code — s. 304B, 34
Subjects
- anticipatory bail
- dowry death
- IPC 304B
- common intention
- Section 438 CrPC
- Section 482 CrPC
- police final report
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.256 of 2026
Arising Out of PS. Case No.-173 Year-2010 Thana- BUXAR COMPLAINT CASE District-
Buxar
======================================================
1. Prem Singh S/o Hari Kishun Singh Resident of Village- Kharwaniyan, P.S.-
Sikraul, District- Buxar.
2. Hari Kishun Singh S/o Late Imrit Singh Resident of Village- Kharwaniyan,
P.S.- Sikraul, District- Buxar.
3. Sheela Devi W/o Prem Singh Resident of Village- Kharwaniyan, P.S.-
Sikraul, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jairam Singh S/o Late Mangal Singh R/o vill and P.O. - Basawn Kala, P.S.-
Sikraul, Distt.- Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Roy
For the Opposite Party/s : Mr. Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 15-04-2026 Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail in
connection with Complaint Case No. 173C of 2010, CIS
No. 1419 of 2014, registered for the offences punishable
under Section 304(B)/34 of the Indian Penal Code.
3. As per the prosecution case, informant
solemnized the marriage of his daughter with co-accused
Ajay Singh in the year 2004. In the marriage, ornaments,
Patna High Court CR. MISC. No.256 of 2026(4) dt.15-04-2026
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cloths of about Rs. 2 lakhs were given. After some time of
marriage, the husband and in-laws (petitioners) of
informant’s daughter started demanding a motorcycle from
her. Due to non-fulfillment of the same, she was tortured
and ill treated. It is further alleged on 01.11.2009, informant
received information on telephone that his daughter has
been murdered.
4. Learned Counsel for the petitioners submit that
petitioners are innocent and have falsely been implicated in
this case. The petitioner no. 1 is the elder brother-in-law,
petitioner no. 2 is father-in-law and petitioner no. 3 is sister-
in-law (gotni) of the informant. Police has submitted the
final form and found allegation false and recommended
prosecution against the informant, however, on the Protest
petition, the complaint case was registered. Petitioners are
having no criminal antecedent. Similarly situated co-
accused person i.e., husband of the informant has already
been granted anticipatory bail by a co-ordinate Bench of
this Hon’ble Court vide order dated 06.04.2026, passed in
Cr. Misc. No. 91869 of 2025.
5. Having regard to the submissions made by the
Patna High Court CR. MISC. No.256 of 2026(4) dt.15-04-2026
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parties and taking into consideration the fact that police has
submitted the final form, petitioners are elder-brother-in-
law, father-in-law, sister-in-law and similarly situated co-
accused person has already been granted anticipatory by a
co-ordinate Bench of this Hon’ble Court, I am inclined to
grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event
of their arrest or surrender before the Court below within
four weeks, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate, First Class Court No. 5, Buxar, in connection
with Complaint Case No. 173(C) of 2010, CIS No. 1419 of
2024, subject to the condition laid down under Section 482
(2) of the B.N.S.S.
(Anil Kumar Sinha, J)
Siwani/-
U T
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