Patna High Court
Maharaj Kumar @ Mahadev MistriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 238
- Criminal Procedure Code — s. 438(2)
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
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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
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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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