Patna High Court
Prabhawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioners, being merely in‑laws and not directly involved in the alleged dowry‑death, are entitled to anticipatory bail despite the serious nature of the offences.
Summary
The petitioners, who are in‑laws of the deceased, were named in an FIR for offences under IPC sections 304‑B (dowry death) and 201/34 (causing disappearance of evidence) relating to the alleged killing of an informant's daughter over a Rs 2 lakh dowry demand. They filed an anticipatory bail petition, arguing that they have no daily domestic connection with the victim and that the allegations against them are vague and omnibus. The State opposed, contending that the petitioners actively participated in the crime. The High Court observed that the accusations were general, the petitioners were merely relatives, and they possessed clean antecedents. Consequently, the Court ordered that four of the petitioners be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the BNSS, while the petition of the apprehended petitioner was withdrawn.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC despite allegations under IPC sections 304‑B, 201 and 34.
- Whether the allegations against the petitioners are sufficiently specific or are merely general/omnibus.
- Whether the relationship of the petitioners as in‑laws justifies the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 201, 304-B, 34
Subjects
- anticipatory bail
- dowry death
- IPC 304-B
- Criminal Procedure Code
- in‑laws
- general allegations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58924 of 2024
Arising Out of PS. Case No.-317 Year-2024 Thana- BASANTPUR District- Siwan
======================================================
1. Prabhawati Devi Wife of Late Swaminath Prasad Village- Hariyama, Police
Station- Basantpur, District- Siwan
2. Dipan @ Dipan Prasad Son of Late Swaminath Prasad Village- Hariyama,
Police Station- Basantpur, District- Siwan
3. Ankit Kumar @ Tunnu Kumar Son of Late Swaminath Prasad Village-
Hariyama, Police Station- Basantpur, District- Siwan
4. Rinki Kumari Daughter of Late Swaminath Prasad Village- Hariyama,
Police Station- Basantpur, District- Siwan
5. Vidya Prasad Son of Late Fulena Prasad R/O Vill.- Sohai Haripur Tola, P.S.-
Baniyapur, Dist.- Saran, Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 02-02-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Basantpur P.S.
Case No. 317 of 2024 registered for the offences punishable
under Sections 304-B and 201/34 of the Indian Penal Code.
3. The allegation against petitioners is to cause
death of daughter of informant along with other co-accused
persons/family members due to non-fullfilment of demand of
dowry as raised for cash of Rs. 2 lakhs.
Patna High Court CR. MISC. No.58924 of 2024(6) dt.02-02-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioners that this petition now survives only
against four petitioners except petitioner no. 2 namely Dipan
@ Dipan Prasad, who was apprehended during the pendency
of present anticipatory bail and as such his petition was
withdrawn in terms of order dated 11.12.2025.
5. Learned counsel for the petitioners submitted
that petitioners are in-laws and family members living
separately having no connection with daily and domestic
affairs of the daughter of the informant and her husband. It is
further submitted that allegation qua demanding dowry and
committing cruelty is appearing very much general and
omnibus and their implication with the present case is only
being relative of husband of daughter of informant. While
concluding arguments, it is submitted that petitioners are of
clean antecedent.
6. Learned APP duly assisted by learned counsel for
the informant while opposing the prayer of bail submitted that
petitioners being in-laws actively participated in the present
crime in question.
Patna High Court CR. MISC. No.58924 of 2024(6) dt.02-02-2026
3/3
7. In view of aforesaid factual submission and by
taking note of fact as allegation qua involvement of
petitioners with the present crime in question appears very
much general and omnibus in nature coupled with fact they
appears prima-facie implicated being in-laws and distant
relative, accordingly petitioners namely Prabhawati Devi,
Ankit Kumar @ Tunnu Kumar, Rinki Kumari and Vidya
Prasad, in the event of their arrest or surrender before the
court below within a period of four weeks, are directed to be
released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned ACJM-X,
Siwan/concerned Court, where the case is pending in
connection with Basantpur P.S. Case No. 317 of 2024,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
Checking your session…