Patna High Court
Bindeshwar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to petitioner No.2 but denied to petitioners No.1 and No.3.
Summary
The petitioners, Bindeshwar Rai, Kanhaiya Rai and Sona Devi, sought anticipatory bail fearing arrest in a case registered under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita concerning the death of the informant's daughter, who allegedly committed suicide after dowry-related torture. They contended they were falsely implicated, had clean records, and that the informant was not an eyewitness, arguing the allegations were general and omnibus. The State opposed bail, relying on the legal presumption against the husband and family in dowry death cases and emphasizing the need for interrogation. The court, after hearing both sides, granted anticipatory bail to petitioner No.2 (Kanhaiya Rai) upon furnishing bail bonds and sureties, but declined to extend bail to petitioners No.1 and No.3, citing the seriousness of the allegations and the need for further investigation. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita in a case involving alleged dowry death and suicide.
- Whether the allegations against petitioners No.1 and No.3 warrant denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 482(2), 80
Subjects
- anticipatory bail
- dowry death
- suicide
- false implication
- Section 80 BNSS
- Section 3(5) BNSS
- Section 482(2) BNSS
- presumption against husband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65815 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- SAHPUR District- Patna
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1. Bindeshwar Rai Son of Late Pawan Rai @ Late Pawan Ray R/o Akluchak,
P.S.- Shahpur, District - Patna
2. Kanhaiya Rai Son of Late Pawan Rai @ Late Pawan Ray R/o Akluchak,
P.S.- Shahpur, District - Patna
3. Sona Devi Wife of Bindeshwar Rai R/o Akluchak, P.S.- Shahpur, District -
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Patanjali Rishi
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 01-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 80 and
3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and being father-
in-law, cousin father-in-law and mother-in-law of the deceased,
have been falsely implicated in the instant case by the
informant. It is next submitted that the informant alleges that
his daughter was married to Sunny on 24.04.2024 and after
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marriage, accused persons including the petitioners started
pressurising the informant for giving a Bullet motorcycle by
way of dowry, further on 05.01.2025 at about 2:30 am, he was
informed by his relative that his daughter has been killed and
when the informant reached the place of occurrence, i.e., house
of Sunny Kumar, he saw the dead body of his daughter lying
and no one was present in the house, thus alleges that his
daughter was killed by the accused persons.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that
allegation of demand of dowry and torture is general and
omnibus in nature. It is further submitted that the informant is
not an eye-witness to the occurrence and the entire allegation
hinges around suspicion. It is also submitted that the victim
committed suicide as would manifest from postmortem report
also. It is next submitted that during the course of investigation,
it also transpired that a Splendor motorcycle was given to
Sunny, who has given the said motorcycle to his brother-in-law
(husband of his sister) and again started demanding a Bullet
motorcycle and when the demand could not be fulfilled, then
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Sunny started torturing the victim on account of which she
committed suicide. It is next submitted that whenever any
dispute in between the husband and the wife arises and the
occurrence of the nature as alleged takes place, the entire family
members are implicated in a mechanical manner with general
and omnibus allegations. It is further submitted that had the
petitioners been involved in the occurrence, in that event, efforts
would have been made to dispose of the dead body with a view
to conceal evidence, but then the dead body was lying at the
place of occurrence and was sent for postmortem for
ascertaining the cause of death. It is also submitted that
petitioner no. 2 is separate in mess and property from his
brother, i.e., petitioner no. 1, but then informant implicated him
also in the case with general and omnibus allegation.
5. Learned A.P.P. for the State, Sri Chandra Bhushan
Prasad, opposes the prayer for anticipatory bail of the petitioners
and submits that what is not in dispute rather stands admitted is
that victim died within an year of marriage, as such presumption
in law is against the husband of the deceased and his family
members. It is next submitted that it has come during the course
of investigation that Sunny was torturing the victim for non-
fulfillment of the demand of Bullet motorcycle, as such fed up
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with the torture, the victim committed suicide, but then it is
submitted that petitioner nos. 1 and 3 are parents and they live
in the same house and if torture was being meted out to the
victim then it appears that they made no endeavours to stop
Sunny from committing such cruelty with the victim. It is also
submitted that the victim took the extreme steps of ending her
life, which amply demonstrates that how miserable her
condition was in her matrimonial home finding no support from
any family members hence she had no other alternative but to
end her life, but then the learned APP is not in a position to
rebut the submission of the learned counsel appearing on behalf
of the petitioners with regard to petitioner no. 2.
6. Learned APP, at this stage, submits that
investigation in the case is continuing and the cause of death
requires to be investigated and for the said purpose,
interrogation of the accused persons is required.
7. After hearing the learned counsel for the parties,
the petitioner no. 2 above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
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is pending/successor court in connection with Shahpur P. S.
Case No.05 of 2025, subject to the conditions as laid down
under Section 482 (2) of the BNSS.
8. However, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner nos. 1 and 3.
Accordingly, the prayer for anticipatory bail of the petitioner
nos. 1 and 3 is rejected.
(Satyavrat Verma, J)
Sumit/-
U T
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