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Patna High Court

Dev Prasad RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, subject to bond, sureties, and compliance with conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS.

Summary

The petitioners, relatives of the husband of a deceased woman, were implicated in a dowry‑related homicide case (Mahua P.S. Case No. 676 of 2024) under Sections 80 and 3(5) of the BNS. They contend that the victim died by suicide, as confirmed by a post‑mortem report showing asphyxia due to hanging, and that they had no involvement in the day‑to‑day affairs of the couple. The State opposed their bail application, arguing the seriousness of the alleged offences. The court examined the factual matrix, the post‑mortem findings, and the petitioners’ lack of direct connection to the alleged crime. Considering the circumstances, the court ordered bail for each petitioner upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS and the requirement to appear at all scheduled hearings. The bail may be cancelled if the petitioners fail to appear on two consecutive dates without a valid reason.

Issues considered

  • Whether the petitioners, who are relatives of the husband of the deceased, are entitled to bail under Section 438(2) of the CrPC and Section 482(2) of the BNSS in a case involving alleged dowry‑related homicide.

Legislation cited

Subjects

  • bail
  • dowry death
  • suicide
  • Section 438 CrPC
  • Section 482 BNSS
  • Criminal Procedure Code
  • BNS
  • relative liability
  • post‑mortem evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53569 of 2025
                        Arising Out of PS. Case No.-676 Year-2024 Thana- MAHUA District- Vaishali
                 ======================================================
           1.     Dev Prasad Rai S/o Latrami Ray R/o Village- Hasanpur Osti, P.S.- Mahua,
                  District- Vaishali
           2.    Chanchal Kumari D/o Rambali Rai R/o Village- Hasanpur Osti, P.S.-
                 Mahua, District- Vaishali
           3.    Vivek Kumar S/o Rambali Ray R/o Village- Hasanpur Osti, P.S.- Mahua,
                 District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr.Md Soban Asghar
                 For the State             :       Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   30-01-2026                             Heard the learned counsel for the parties.

                                        2. The petitioners apprehend their arrest for the

                   offences alleged under Sections 80 and 3(5) of the BNS,

                   registered in connection with Mahua P.S.Case No. 676 of 2024.

                                 3. As per allegation, the petitioners along with other

                   accused persons, on account of non-fulfillment of dowry

                   demand of Rs. 1,00,000/-, tortured and tormented the victim and

                   subsequently killed her by hanging.

                                 4. The learned counsel for the petitioners has

                   submitted that petitioner no.1 is phuphera sasoor of the

                   deceased, whereas petitioner nos. 2 and 3 are married nanad
Patna High Court CR. MISC. No.53569 of 2025(5) dt.30-01-2026
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          and nandosi of the deceased having no concern with day-to-day

          affairs of the couple. They have falsely been implicated merely

          because they are relatives of the husband of the deceased. As a

          matter of fact, the deceased committed suicide by hanging

          herself being corroborated by the post mortem, which shows

          that asphyxia due to hanging was found.

                       5.The learned APP for the State has opposed the

          prayer for bail.

                       6. The petitioners are the relatives of the husband of

          the deceased having no concern with the day-to-day affairs of

          the couple.

                       7.    Taking      into     consideration   the   facts   and

          circumstances of the case, let the petitioners, above-named, in

          the event of their arrest or surrender within four weeks from the

          date of communication of this order, be released 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 the

          learned CJM, Vaishali at Hajipur in connection with Mahua

          P.S.Case No. 676 of 2024,               subject to the condition as laid

          down under Section 438(2) of the CrPC/482(2) of the BNSS

          with further condition that the petitioners shall cooperate in the

          disposal of trial and make themselves available on each and
           Patna High Court CR. MISC. No.53569 of 2025(5) dt.30-01-2026
                                                       3/3




                     every date fixed in the court below till framing of charges,

                     and if they fail to appear on two consecutive dates unless

                     they are prevented by extremely adverse circumstances, the

                     court below shall be at liberty to cancel their bail bonds.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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