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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail is granted to Petitioners No.2 and No.3 subject to the stipulated conditions.

Summary

The petitioners sought anticipatory bail in a dowry‑related murder case where the deceased's father‑in‑law (Petitioner No.2) and mother‑in‑law (Petitioner No.3) were alleged to have participated in the killing of their daughter‑in‑law for non‑payment of dowry. The prosecution alleged offences under IPC Sections 498A, 326, 307, 406/34 and the Dowry Prohibition Act Sections 3 and 4. The petitioners contended they had no involvement, maintained clean antecedents, and were being wrongly implicated while the primary accusation lay against the husband. The court, after hearing both sides, granted anticipatory bail to Petitioners No.2 and No.3, subject to a bail‑bond of Rs.10,000 each, two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application of Petitioner No.1 was withdrawn, and the anticipatory bail application was disposed of.

Issues considered

  • Whether anticipatory bail should be granted to the father‑in‑law and mother‑in‑law accused under IPC and Dowry Prohibition Act offences.
  • Whether the allegations against the petitioners constitute sufficient ground to deny anticipatory bail.
  • Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • IPC
  • Section 498A
  • murder
  • dowry prohibition
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4226 of 2026
                   Arising Out of PS. Case No.-249 Year-2023 Thana- SUGAULI District- East Champaran
                 ======================================================
           1.     Sunil Kumar Son of Ramchandra Sah Resident of Village - Sugauli Bazar,
                  P.S. - Sugauli, Dist. - East Champaran.
           2.    Ramchandra Sah Son of Badri Sah Resident of Village - Sugauli Bazar, P.S.
                 - Sugauli, Dist. - East Champaran.
           3.    Surat Devi Wife of Ramchandra Sah Resident of Village - Sugauli Bazar,
                 P.S. - Sugauli, Dist. - East Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kundan Rathore Alias Kundan Kumar, Adv
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   22-06-2026                  At the outset, learned counsel for the petitioners seeks

                   permission to withdraw this anticipatory bail application with

                   regard to petitioner no. 1.

                                2. Permission is granted.

                                3. This anticipatory bail application with regard to

                   petitioner no. 1 is, accordingly, dismissed as withdrawn.

                                4. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                5. Petitioner nos. 2 & 3 apprehend arrest in a case

                   registered for the offences punishable under Sections 498(A),

                   326, 307, 406/34 of the Indian Penal Code and Sections 3/4 of
Patna High Court CR. MISC. No.4226 of 2026(5) dt.22-06-2026
                                            2/3




          the Dowry Prohibition Act.

                       6. Prosecution case, in brief, is that marriage of the

          daughter of informant was solemnized with co-accused Sunil

          Kumar in the year 2020. Thereafter, it is alleged that these

          petitioners, along with other F.I.R. named accused persons,

          killed the daughter of informant due to non-fulfillment of

          demand of dowry of Rs. 2 lacs and a motorcycle.

                       7. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence.

          Petitioner no. 2 is father-in-law and petitioner no. 3 is mother-

          in-law of the deceased and they are simply victims of over-

          implications. Allegation against petitioners is general and

          omnibus. Petitioners are separate in mess and property and they

          are not concerned with family affairs of the deceased. Moreover,

          thrust of accusation is against husband of the deceased.

          Petitioners claim clean antecedent.

                       8. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       9. Considering the aforesaid facts and circumstances

          of the case, this anticipatory bail is allowed and it is ordered that

          let the above named petitioner nos. 2 & 3 in the event of their

          arrest/surrender before the court below within a period of eight
              Patna High Court CR. MISC. No.4226 of 2026(5) dt.22-06-2026
                                                          3/3




                        weeks from today, be enlarged on bail on furnishing bail-bond

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

                        amount each to the satisfaction of learned Chief Judicial

                        Magistrate, East Champaran, Motihari in connection with

                        Sugauli P. S. Case No. 249 of 2023, subject to condition as laid

                        down under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.

                                     10. This anticipatory bail application, accordingly,

                        stands disposed of.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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