Patna High Court
Gauri Patel @ Gauri Shankar PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
2/3
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
3/3
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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