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Patna High Court

Sunil Pandit @ Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to a bond and conditions under the Bail and Surrender (Special) Act, 2023.

Summary

The petitioners—Sunil Pandit, Dilip Pandit and Shree Devi—sought anticipatory bail fearing arrest in a dowry‑death case (IPC §§304‑B and 34) filed as Lalganj P.S. Case No. 320 of 2025. The FIR, lodged in 2025, alleged that the petitioners had tortured and killed the informant’s daughter in 2022 for dowry. The petitioners contended they were innocent, had no criminal record, and were merely relatives (devar, brother‑in‑law and mother‑in‑law) of the deceased. The State opposed bail, emphasizing the seriousness of the alleged offence. The High Court, considering the delay in filing the FIR, the petitioners’ clean antecedents and the relationship factor, granted anticipatory bail subject to a Rs 30,000 bond per petitioner and conditions under the Bail and Surrender (Special) Act, 2023.

Issues considered

  • Whether anticipatory bail should be granted in a case under IPC §§304‑B and 34.
  • Whether the three‑year gap between the alleged offence and the FIR justifies bail.
  • Whether the petitioners' familial relationship to the victim and clean criminal record warrant relief.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • IPC 304B
  • criminal procedure
  • bail conditions
  • relationship defence
  • delay in FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26995 of 2026
                      Arising Out of PS. Case No.-320 Year-2025 Thana- LALGANJ District- Vaishali
                 ======================================================
           1.     Sunil Pandit @ Sunil Kumar Son of Ram Ekbal Pandit Resident of Village-
                  Neknampur PS- Devariya Dist- Muzaffarpur
           2.    Dilip Pandit Son of Ram Ekbal Pandit Resident of Village- Neknampur PS-
                 Devariya Dist- Muzaffarpur
           3.    Shree Devi Wife of Ram Ekbal Pandit Resident of Village- Neknampur PS-
                 Devariya Dist- Muzaffarpur


                                                                                   ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    Kunti Devi Wife of Anup Pandit Resident of Village- Panchdamiya, Ps-
                 Lalganj, Dist- Vaishali


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajiv Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Lalganj P.S. Case No. 320 of 2025, dated

                   04.07.2025, lodged under Sections 304-B & 34 of the Indian

                   Penal Code.

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

                   pursuant to a complaint case filed in the year 2025 in respect of

                   an offence alleged to have been committed in the year 2022. It
Patna High Court CR. MISC. No.26995 of 2026(2) dt.22-04-2026
                                            2/3




          has been alleged in the FIR that the accused persons, including

          the petitioners, used to torture the informant’s daughter for

          dowry and subsequently killed her.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that the criminal antecedents of the

          petitioners are clean. Counsel further submits that the

          occurrence is alleged to have taken place in the year 2022, but

          the FIR has been lodged in the year 2025. Counsel further

          submits that it is a concocted case, and the petitioners are devar,

          brother-in-law (bhaisur), and mother-in-law of the informant’s

          daughter (deceased).

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners but fairly submits that the alleged

          occurrence took place in the year 2022 and the FIR has been

          lodged in the year 2025.

                       6. 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 satisfaction of Chief
          Patna High Court CR. MISC. No.26995 of 2026(2) dt.22-04-2026
                                                      3/3




                    Judicial Magistrate, Vaishali at Hajipur, in connection with

                    Lalganj P.S. Case No. 320 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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