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Patna High Court

Mukesh Kumar@ Mukesh Kumar Yadav @ Mantu Yadav @ Mukesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to the conditions stipulated under Section 438(2) CrPC and Section 482(2) B.N.S., 2023.

Summary

The petitioners, Mukesh Kumar and Sandhya Devi, sought anticipatory bail after being implicated in a dowry‑related case under Sections 85, 80 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, following the alleged suicide of their daughter‑in‑law. They argued that they have a clean record, are not eyewitnesses, and that the FIR contains only vague, omnibus allegations without specifying any dowry demand. The post‑mortem report indicated ante‑mortem hanging, supporting the claim of suicide rather than homicide. The State opposed the bail on the ground that the petitioners might abscond, while the petitioners assured cooperation with the investigation. Considering the petitioners' clean antecedent, the lack of direct evidence, and their assurance to cooperate, the Court granted anticipatory bail subject to conditions. The bail may be cancelled if the investigating officer shows that the petitioners fail to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case alleging dowry‑related torture and suicide.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • suicide
  • false implication
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 438 CrPC
  • Section 482 B.N.S.
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68130 of 2025
                         Arising Out of PS. Case No.-229 Year-2025 Thana- Marnga District- Purnia
                 ======================================================
           1.     Mukesh Kumar@ Mukesh Kumar Yadav @ Mantu Yadav @ Mukesh Yadav
                  S/O Late Rajendra Prasad Yadav R/O Marnga Pashchim, P.O and P.S-
                  Maranga, Distt.- Purnea.
           2.    Sandhya Devi W/O Mukesh Kumar @ Mantu Yadav @ Mukesh Yadav R/O
                 Marnga Pashchim, P.O and P.S- Maranga, Distt.- Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anurag Saurav
                 For the Opposite Party/s :        Mr.Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   06-04-2026                     Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 85, 80 and

                   3(5) of B.N.S., 2023.

                                3. Learned counsel for the petitioners submits that the

                   petitioners are a person with clean antecedent and petitioner

                   No.2 is a women and the informant alleges that her daughter

                   was married to Suraj on 07.05.2021, after marriage she lived

                   peacefully for an year, thereafter, the accused persons including

                   the petitioner started torturing her for dowry in form of cash, his
Patna High Court CR. MISC. No.68130 of 2025(4) dt.06-04-2026
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          daughter used to inform him about the torture being meted out

          to her, but accused persons used to apologize, on 01.07.2025,

          Suraj called and informed that his daughter has hanged herself,

          accordingly he came to the P.O. and saw the dead body of his

          daughter lying and it appeared that she was strangulated to

          death, further the deceased had a child out of the wedlock, aged

          about 3 years.

                       4. The learned counsel appearing on behalf of the

          petitioners submits that petitioners have been falsely implicated

          in the instant case being father-in-law and mother-in-law of the

          deceased. It is next submitted that from perusal of the allegation

          as alleged in the F.I.R., it would manifest that the informant is

          not an eye witness to the occurrence and the entire allegation

          hinges about suspicion and it was husband of the deceased, who

          informed the informant that his daughter has committed suicide,

          it is also submitted that informant alleges that the victim was

          tortured for non-fulfillment of dowry demand in form of cash

          but then the said allegation is very generic in nature, it is next

          submitted that F.I.R. does not specify that as to what was being

          demanded by the accused person in form of dowry, it is also

          submitted that allegation against the petitioner is general and

          omnibus in nature, it is also submitted that whenever any
Patna High Court CR. MISC. No.68130 of 2025(4) dt.06-04-2026
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          dispute arises in between the husband and wife and the

          occurrence of a nature as alleged takes place, the entire family

          members are implicated in a mechanical manner with general

          and omnibus allegation and police also in mechanical manner

          investigate. It is asserted and submitted that the petitioners are

          staying seperately from their son and a representation to that

          effect has been given to the Superintendent of Police to

          investigate the case on the said issue also. It is also submitted

          that normal conduct of an accused is to conceal evidence but

          then had the petitioner been involved in the occurrence in that

          event efforts would have made to dispose of the dead body with

          a view to conceal evidence but then the dead body was lying in

          the house where their son and victim were living, it is also

          submitted that the body was sent to post-mortem wherein it was

          recorded in the opinion “above-mentioned injuries were ante-

          mortem and dangerous to life in ordinary course of nature due to

          pressure and compression of neck by ligature material after

          suspending the body.” And cause of death is recorded as

          ‘Asphyxia and venous congestion due to ante-mortem hanging’

          and no external injuries were found on the body except ligature

          mark.

                       5. Learned counsel for the petitioners next submits
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          that ante-mortem hanging demonstrates that the victim was not

          strangulated to death rather committed suicide. The learned

          counsel for the petitioners further submits that no doubt the

          death of the victim took place within 7 years of marriage but

          then all death are not dowry death. At times the victims out of

          anger with their husband commit suicide.             It is also submitted

          that the husband of the petitioner is in custody.

                       6. The learned counsel for the A.P.P. and learned

          counsel appearing on behalf of the informant opposes and

          learned counsel appearing on behalf of the informant submits

          that if privilege of anticipatory bail is granted, the petitioners

          may abscond on which the learned counsel appearing on behalf

          of the petitioners submits that petitioners will not abscond rather

          will cooperate in the investigation to prove their innocence.

                       7. Considering the aforesaid facts and circumstances

          of the case and the assurances given by learned counsel for the

          petitioners that they will co-operate in the investigation and the

          fact that the petitioners have no criminal antecedent, the Court is

          inclined to grant privilege of anticipatory bail to the petitioners.

                       8. Let the petitioners, as named above, in the event of

          their arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
            Patna High Court CR. MISC. No.68130 of 2025(4) dt.06-04-2026
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                      Ten Thousand) each with two sureties of the like amount each to

                      the satisfaction of the learned Principal District and Sessions

                      Judge, Purnea, in connection with Maranga P.S. Case No. 229 of

                      2025, subject to the conditions laid down under section 438(2)

                      of the Code of Criminal Procedure/Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita, 2023.

                                   9. It is further made clear that if the investigating

                      officer of the case file an application before learned trial Court

                      bringing to its notice that petitioners, despite giving assurance to

                      this Court, are not cooperating in the investigation, in that event,

                      the learned trial Court shall be at liberty to cancel the bail-bond

                      of the petitioner.



                                                                 (Satyavrat Verma, J)
sanjeev/-

U       T


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