Patna High Court
Uday Prasad @ Uday KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Uday Prasad, feared arrest in a case registered under Sections 85, 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, where the FIR alleged that a dowry dispute led to the murder of the informant's sister. He contended that he was merely a neighbour of the deceased, had no involvement in the matrimonial matters, and that the FIR was lodged two days after the incident without justification. The petitioner highlighted that the husband of the deceased was already in judicial custody and that a similarly situated co‑accused had been granted anticipatory bail by the same court. The State opposed the bail, but the court noted the petitioner’s clean antecedent, his willingness to cooperate, and the precedent of bail to the co‑accused. Consequently, the court ordered anticipatory bail for the petitioner, subject to a bond of Rs.10,000 and two sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita provisions.
- Whether the allegations and the delay in filing the FIR constitute sufficient ground to deny bail.
- Whether the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 238, 3(5), 80, 85
Subjects
- anticipatory bail
- dowry death
- murder
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 85
- Section 80
- Section 238
- Section 3(5)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4192 of 2026
Arising Out of PS. Case No.-707 Year-2024 Thana- DHANARUA District- Patna
======================================================
Uday Prasad @ Uday Kumar Son of Late Ramprit Yadav @ Late Ramprati
Yadav R/o Maner, Sonmai, P.S. - Dhanarua, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lallu Prasad, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 85, 80, 238 and 3(5) of the Bharatiya
Nyaya Sanhita.
3. As per the F.I.R., it is alleged that due to non-
fulfillment of dowry demand, all the accused persons including
the petitioner killed the sister of the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case only on the basis of
suspicion. Further submission is that petitioner is the neighbour
Patna High Court CR. MISC. No.4192 of 2026(3) dt.01-04-2026
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of deceased and he has no concern with the matrimonial affairs
of the deceased and her husband. The F.I.R. has been lodged
after a delay of two days without any plausible explanation. The
husband of the deceased is already under judicial custody.
Similarly situated co-accused person, namely, Anil Kumar @
Anil Prasad has already been granted anticipatory bail by a Co-
ordinate Bench of this Court vide order dated 28.01.2026 passed
in Cr. Misc. No. 1547 of 2026. Petitioner has got no criminal
antecedent and he undertakes to cooperate in the investigation
and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation against the petitioner, similarly situated co-accused
persons has been granted anticipatory bail and clean antecedent
of the petitioner, let the above named petitioner be released on
bail, in the event of arrest or surrender before the learned court
below within a period of six weeks from today, on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Sub-Divisional Judicial Magistrate, Masaurhi, Patna in
Patna High Court CR. MISC. No.4192 of 2026(3) dt.01-04-2026
3/3
connection with Dhanarua P.S. Case No. 707 of 2024, subject to
the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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