Patna High Court

Jogendra MahtoversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Jogendra Mahto, sought anticipatory bail fearing arrest in a dowry‑death case (Bidupur P.S. Case No. 657 of 2024) registered under Sections 80, 238, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased’s husband and in‑laws killed her for dowry demands, and the petitioner, the deceased’s father‑in‑law, was implicated. The petitioner contended that the allegations against him were vague, he had no criminal record, and he was separate from the accused husband. The State opposed bail, arguing the seriousness of the offences. The Court examined whether the petition satisfied the criteria for anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and found no substantive reason to deny bail, granting it subject to bond and surety conditions.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the allegations against the petitioner are sufficiently specific to justify denial of bail.
Whether the nature of offences under Sections 80, 238, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 preclude anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 352, 80

Subjects

anticipatory bail
dowry death
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 482
Section 80
Section 238
Section 352
Section 3(5)
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44102 of 2025
                       Arising Out of PS. Case No.-657 Year-2024 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Jogendra Mahto Son of Liku Mahto Resident of Village - Kalyanpur Chaksik
                 Andar Dala Naya, P.S.- Bidupur, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   05-02-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and perused the case diary.

                                2. The petitioner apprehends arrest in connection with

                   Bidupur P.S. Case No. 657 of 2024, registered under Sections

                   80, 238, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that daughter of

                   the informant has been done to death by her husband and in-

                   laws for non-fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel for the petitioner also submitted

                   that the allegation levelled against the petitioner is not specific

                   rather the same is general and omnibus in nature. Husband of
             Patna High Court CR. MISC. No.44102 of 2025(5) dt.05-02-2026
                                                         2/2




                       the deceased is in custody. It is next submitted that the petitioner

                       is father-in-law of the deceased and is separate in mess and

                       business from the husband of the deceased. The petitioner has

                       got no criminal antecedent. Learned counsel for the petitioner

                       further submits that other co-accused has been granted regular

                       bail by this Court vide order dated 15.02.2025 passed in Cr.

                       Misc. No. 3272 of 2025.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances,

                       let the petitioner, above named in the event of arrest/surrender

                       before the learned Court below within a period of six weeks

                       from today, be released on anticipatory bail on furnishing bail

                       bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Bidupur P.S. Case

                       No. 657 of 2024, subject to the conditions as laid down under

                       Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                       2023.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…