Patna High Court
Rajesh TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that anticipatory bail may be granted as no specific overt act is alleged against the petitioners and they have no criminal antecedent.
Summary
Petitioners Rajesh Tanti and Parwati Devi, the father‑in‑law and mother‑in‑law of a deceased woman, sought anticipatory bail fearing arrest in a dowry‑related murder case (Bhagwanpur P.S. Case No. 03 of 2025) filed under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased was killed by her in‑laws for dowry demands and knowledge of illicit family relations. The petitioners contended that no specific overt act was alleged against them, they have separate property, no criminal antecedent, and that a co‑accused had already been granted regular bail. The State opposed the bail. The Court, noting the lack of concrete allegations and the petitioners’ clean record, ordered anticipatory bail subject to a bond of Rs 15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether there is sufficient basis for arrest given the absence of any specific overt act against the petitioners.
- Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 empowers the court to grant anticipatory bail in such circumstances.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- anticipatory bail
- false implication
- dowry death
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarika Suraksha Sanhita
- Section 80
- Section 3
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5438 of 2026
Arising Out of PS. Case No.-3 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
1. Rajesh Tanti S/O Late Naresh Tanti @ Ramnaresh Das R/O Village-
Bhagwanpur, P.S.- Bhagwanpur, District- Begusarai
2. Parwati Devi @ Paro Devi W/O Rajesh Tanti R/O Village- Bhagwanpur,
P.S.- Bhagwanpur, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Ms. Rupa Sinha, Advocate
Ms. Vandana Rani, Advocate
For the Opposite Party/s : Mr.Anish Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Bhagwanpur P.S. Case No. 03 of 2025, instituted for the
offences under Sections 80(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. Prosecution case, in short, is that daughter of the
informant was murdered by her in-laws after being assaulted
and forcibly given a poisonous Selphos tablet. The motive
behind the killing was both dowry demands and her knowledge
of illicit relations between family members.
Patna High Court CR. MISC. No.5438 of 2026(2) dt.03-02-2026
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4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
The petitioner No.1 is father-in-law and petitioner no.2 is
mother-in- law of the deceased. The petitioners have separate in
mess and property from the husband of the deceased. The
cognizance has been taken against the petitioners on
10.09.2025. Learned counsel for the petitioners further submits
that co-accused Rakesh Kumar @ Rupesh Kumar (husband of
the deceased) has been granted regular bail by this Court vide
order dated 18.08.2025 passed in Cr. Misc. No. 36730 of 2025.
No specific overt act is alleged against the petitioners. It has
been submitted on behalf of the petitioner that the petitioners
have no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioners 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 Bhagwanpur
P.S. Case No. 03 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No.5438 of 2026(2) dt.03-02-2026
3/3
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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