Patna High Court
Shankar Rishidev @ Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was granted to petitioners No.2‑8 but denied to petitioner No.1.
Summary
The petitioners, eight members of the Rishidev family, were named in an FIR for alleged dowry death of a pregnant woman, charged under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They applied for anticipatory bail fearing arrest. The court examined the facts, noting that the alleged incident occurred on 29-10-2025 but the FIR was filed on 12-12-2025, and that the deceased’s husband (petitioner No.1) and his in‑laws (petitioners No.2‑8) were implicated. While the State opposed bail, the court, applying Section 482(2) of the B.N.S.S., granted bail to petitioners No.2‑8 on a bond of Rs.30,000 each, but refused bail to petitioner No.1, the husband of the deceased. The order was pronounced on 17‑06‑2026.
Issues considered
- Whether anticipatory bail can be granted to the accused under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in a dowry death case.
- Whether the husband of the deceased (petitioner No.1) should be granted anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 3(5), 482(2), 80
Subjects
- anticipatory bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3(5)
- Section 482(2)
- criminal procedure
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38077 of 2026
Arising Out of PS. Case No.-452 Year-2025 Thana- RANIGANJ District- Araria
======================================================
1. Shankar Rishidev @ Shankar Kumar son of Parmanand Rishi @ Parmanand
Rishidev Resident of village- Pachira, Ward no. 05, Ps- Raniganj, Dist-
Araria
2. Manju Devi Wife of Parmanand Rishi @ Parmanand Rishidev Resident of
village- Pachira, Ward no. 05, Ps- Raniganj, Dist- Araria
3. Chandan Rishidev @ Chandan Rishi Son of Parmanand Rishi @ Parmanand
Rishidev Resident of village- Pachira, Ward no. 05, Ps- Raniganj, Dist-
Araria
4. Sanjo Devi Daughter of Parmanand Rishi @ Parmanand Rishidev Resident
of village- Pachira, Ward no. 05, Ps- Raniganj, Dist- Araria
5. Guddu Rishidev @ Guddu Rishi Son of Parmanand Rishi @ Parmanand
Rishidev Resident of village- Pachira, Ward no. 05, Ps- Raniganj, Dist-
Araria
6. Nanki Devi @ Bindula Devi Daughter of Parmanand Rishi @ Parmanand
Rishidev Resident of village- Pachira, Ward no. 05, Ps- Raniganj, Dist-
Araria
7. Urmila Devi wife of Shivan Rishi @ Shivan Rishidev Resident of village-
Pachira, Ward no. 05, Ps- Raniganj, Dist- Araria
8. Tulsi Rishidev son of Parmanand Rishi @ Parmanand Rishidev Resident of
village- Pachira, Ward no. 05, Ps- Raniganj, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Raniganj P.S. Case No. 452 of 2025 lodged on
Patna High Court CR. MISC. No.38077 of 2026(2) dt.17-06-2026
2/3
12.12.2025, for the offence punishable under Sections 80 & 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
08 named accused persons (all the present petitioners). It has
been alleged by the informant that in the name of dowry, the
accused persons have assaulted her daughter who was seven
months pregnant, due to which, she died in the hospital.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the alleged date of occurrence was
29.10.2025, but the FIR has been lodged on 12.12.2025. He
further submits that the petitioner no.1 is the husband of the
deceased and the petitioner nos.2 to 8 are in-laws of the
deceased. He submits that the deceased was pregnant and died
during treatment in the hospital and her cremation was
performed in which the informant also participated. Counsel
further submits that the petitioners have one antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that the petitioner no.1 is the
husband of the deceased and the petitioner nos.2 to 8 are in-laws
of the deceased.
6. As such, in the present facts and circumstances of
Patna High Court CR. MISC. No.38077 of 2026(2) dt.17-06-2026
3/3
this case, let the above named petitioner nos. 2 to 8 be released
on 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
A.C.J.M.-I, Araria, in connection with Raniganj P.S. Case No.
452 of 2025, subject to the conditions as laid down U/s 482(2)
of the B.N.S.S., 2023.
7. So far as petitioner no.1 who is the husband of the
deceased is concerned, this Court is not inclined to grant bail to
him. Accordingly, the prayer for anticipatory bail of the
petitioner no.1 stands rejected.
(Dr. Anshuman, J)
Divyansh/-
U T
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