Patna High Court
Dev Prasad RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- BNS — s. 3(5), 80
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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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