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Patna High Court

Maharaj Kumar @ Mahadev MistriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under the relevant statutory provisions.

Summary

Maharaj Kumar, the brother‑in‑law of a deceased woman, was implicated in a murder case (Sections 103(1) and 238 of the Bhartiya Nyay Sanhita, 2023) based on a suspicion that a dowry demand led to the crime. The petitioner, who lives separately in Delhi, argued that he had no involvement in the domestic affairs of the deceased and that the husband of the deceased had confessed to the murder. The State opposed his anticipatory bail, citing the seriousness of the offences and a prior criminal case in which the petitioner is on bail. The Court examined the relationship, the lack of direct evidence against the petitioner, and the statutory provisions governing anticipatory bail. It ordered that the petitioner be released on bail upon surrender within four weeks, subject to a bond of Rs.10,000 and two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • What is the applicability of anticipatory bail under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. to the petitioner in a murder case under Sections 103(1) and 238 B.N.Y.S.?
  • Whether the petitioner’s familial relationship and alleged lack of involvement justify granting bail despite the seriousness of the offences?

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • dowry dispute
  • brother‑in‑law
  • Section 103 B.N.Y.S.
  • Section 238 B.N.Y.S.
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40897 of 2026
                    Arising Out of PS. Case No.-3 Year-2026 Thana- NIMCHAKBATHANI District- Gaya
                 ======================================================
                 Maharaj Kumar @ Mahadev Mistri S/o Karoo Mistri @ Karu Mistri R/o
                 Village - Baraini, Police Station - Neemchak Bathani, District - Gaya

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, not named in the F.I.R., is

                   apprehending his arrest in connection with Neemchak Bathani

                   P.S. Case No. 3 of 2026 registered for the offences punishable

                   under Sections 103(1), 238 of the Bhartiya Nyay Sanhita, 2023

                   (in short, the ‘B.N.S.’).

                             3. As per FIR, the dead body of daughter of the

                   informant was recovered by local chowkidar/police which was

                   kept hidden in the trench covered by straw etc.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that petitioner is the elder brother of the husband of

                   the deceased and mere on the basis of suspicion raised by father

                   of the deceased as his married daughter was killed by her
Patna High Court CR. MISC. No.40897 of 2026(2) dt.24-06-2026
                                            2/3




          matrimonial family members due to non-fulfillment of demand

          of dowry, this petitioner was implicated with the present crime

          in question. It is submitted that during course of investigation,

          the husband of the deceased was arrested, where he confessed

          that he alongwith his friend namely, Manoj Chaudhary

          committed murder of his wife as she was in extramarital affairs

          with someone else.

                   5. It is submitted that petitioner is the brother-in-law

          and living separately mostly at Delhi in connection with his

          professional engagement and was not connected in any manner

          with daily and domestic affairs of the deceased and her husband.

                   6. Explaining criminal antecedent, it is submitted that

          petitioner found involved in one more criminal case, in which

          he is on bail.

                   7. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   8. In view of the aforesaid factual submissions and by

          taking note of the fact as petitioner is the brother-in-law, where

          he claims to live separately with the deceased and her husband,

          accordingly, above-named petitioner, in the event of his

          arrest/surrender within a period of four weeks from this order, is

          directed to be enlarged on bail on furnishing of bail bond of
           Patna High Court CR. MISC. No.40897 of 2026(2) dt.24-06-2026
                                                       3/3




                     Rs.10,000/- (ten thousand only) with two sureties of the like

                     amount each to the satisfaction of learned Judicial Magistrate -

                     1st Class, Gaya Ji/concerned court in connection with Neemchak

                     Bathani P.S. Case No. 3 of 2026, subject to the conditions as

                     laid down under Section 438(2) of the Cr.P.C/Section 482(2) of

                     the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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