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Patna High Court

Gauri Patel @ Gauri Shankar PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner on the basis of the general nature of the accusations and his clean antecedents.

Summary

The petitioner, Gauri Patel, sought anticipatory bail fearing arrest in a case registered under Sections 80(2), 238 and 3(5) of the B.N.S. for alleged dowry harassment and murder following his daughter-in-law's marriage. The informant alleged that the accused, including the petitioner, tortured the victim for dowry and later murdered her, but the petitioner contended he was innocent, merely a cousin father‑in‑law with no involvement and clean antecedents. He argued that the informant was not an eye‑witness and the dowry demand allegation was vague and omnibus. The State opposed the bail, asserting the seriousness of the offences. The Court, noting the general nature of the accusations and the petitioner’s clean record, granted anticipatory bail subject to a bail bond and sureties under Section 482(2) of the B.N.S.S. The order allows the petitioner to be released on bail if arrested within eight weeks.

Issues considered

  • What is the appropriateness of granting anticipatory bail when the allegations are general and the petitioner has a clean antecedent?

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • murder
  • general allegation
  • clean antecedents
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6105 of 2026
                  Arising Out of PS. Case No.-527 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Gauri Patel @ Gauri Shankar Patel S/o Late Shiv Pujan Patel R/o Village -
                 Dharampur Ganauli, P.S - Bettiah (Muffasil), District - West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Sanjeev Kumar Shrivastava, Advocate
                 For the State           :        Dr. Ajeet Kumar, APP
                 For the Informant       :        Mr. Mayank Mohan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 80(2), 238

                   and 3(5) of the B.N.S..

                                3. As per prosecution case, informant alleged that

                   marriage of his daughter was solemnized with co-accused Raj

                   Kumar on 30.04.2025 as per Hindu rites and rituals and

                   thereafter, all the F.I.R. named accused persons, including this

                   petitioner, committed torture and harassment with the victim

                   due to non-fulfillment of demand of dowry and subsequently, all

                   the accused persons committed murder of the victim.
Patna High Court CR. MISC. No.6105 of 2026(2) dt.04-02-2026
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                        4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. Petitioner has falsely been implicated in

          this case merely because he happens to be cousin father-in-law

          of the deceased. Petitioner is separate in mess and property and

          has got no concern with the affairs of the deceased and her

          husband. Informant is not an eye witness of the alleged

          occurrence. Allegation of demand of dowry is general and

          omnibus and no specific accusation of overt act has been alleged

          against this petitioner. Thrust of accusation is against husband of

          deceased who is already in custody since 30.10.2025. Petitioner

          claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and clean

          antecedents of the petitioner, the prayer for grant of anticipatory

          bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.
             Patna High Court CR. MISC. No.6105 of 2026(2) dt.04-02-2026
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                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Chief Judicial Magistrate,

                       Bettiah, West Champaran in connection with Bettiah (Muffasil)

                       P.S. Case No. 527 of 2025, subject to condition as laid down

                       under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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