Patna High Court
Vinod PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
Vinod Prasad, the father‑in‑law of a deceased woman, was implicated in a dowry‑related death case under Sections 80(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that he demanded a Rs. 5 lakh dowry, leading to the torture and death of the informant’s daughter. The petitioner contended that the death was a suicide, as indicated by the post‑mortem report, and that he has a clean record, seeking anticipatory bail. The State and the informant’s counsel opposed the bail, citing the serious nature of the dowry‑death allegation. Considering the possibility of false accusation and the grant of anticipatory bail to similarly situated co‑accused, the court ordered that the petitioner be released on anticipatory bail subject to a bond and sureties, and to appear before the trial court as required.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the dowry‑death allegations.
- Whether the allegations against the petitioner constitute a false accusation warranting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 80(2)
Subjects
- anticipatory bail
- dowry death
- false accusation
- Bharatiya Nyaya Sanhita
- Section 80
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28863 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- CHIKSAUR District- Nalanda
======================================================
Vinod Prasad Son of Late Shyam Yadav Resident of Village - Pachasapar,
Police Station - Chiksaura, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
For the Informant : Ms. Vijeta Kumari, Advocate
Mr. Mukti Nath, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State as well as learned counsel for the informant.
02. In the present case, the petitioner is apprehending
his arrest in connection with Chiksaura P.S. Case No. 204 of
2025 registered for the alleged offence under Sections 80(2) r/w
3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, daughter of the informant
was married with co-accused Prakash Kumar on 12.03.2024.
The allegation is of demand of Rs. 5 lakh in dowry and
consequent torture by the in-laws of the daughter of the
informant and ultimately, the daughter of the informant was
killed in her matrimonial home. The petitioner is father-in-law
of the deceased.
Patna High Court CR. MISC. No.28863 of 2026(2) dt.05-05-2026
2/3
04. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. The daughter of the informant committed suicide and this
fact is clear from the postmortem report which shows cause of
death to be asphyxia and shock due to antemortem hanging.
There is no injury on the dead body except for one non
continuous oblique ligature mark on the upper part of neck
which shows antemortem injury as mentioned in the
postmortem report. There is general and omnibus allegation
against the petitioner and other in-laws of the deceased. The
husband of the deceased is already in custody. The wife of the
petitioner has been granted anticipatory bail by a learned Co-
ordinate Bench vide order dated 08.04.2026 passed in Criminal
Misc. No. 19698 of 2026 and the case of the petitioner is on
exactly similar footing. The petitioner is having clean
antecedent.
05. Learned APP for the State as well as learned
counsel for the informant oppose the submission made on behalf
of the petitioner. Learned counsel for the informant submits that
the petitioner is father-in-law and there is allegation of demand
of dowry and subsequently, the daughter of the informant died
in her matrimonial home within 1 and ½ year of her marriage.
Patna High Court CR. MISC. No.28863 of 2026(2) dt.05-05-2026
3/3
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
grant of anticipatory bail to similarly situated co-accused and
also considering the possibility of false accusation, let the
petitioner above named, in the event of his arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand Only) with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-I, Hilsa, Nalada/court concerned in
connection with Chiksaura P.S. Case No. 204 of 2025, subject to
the condition laid down under Section 482(2) of BNSS and
other following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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