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Patna High Court

Bindeshwar RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
Patna High Court CR. MISC. No.65815 of 2025(5) dt.01-05-2026
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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
Patna High Court CR. MISC. No.65815 of 2025(5) dt.01-05-2026
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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
Patna High Court CR. MISC. No.65815 of 2025(5) dt.01-05-2026
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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
              Patna High Court CR. MISC. No.65815 of 2025(5) dt.01-05-2026
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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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