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Patna High Court

Suraj Kumar @ Surajdev PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, finding the allegations against them to be vague and general.

Summary

The petitioners – Suraj Kumar and Sunaina Devi in one case and Anandev Mahto and Shanti Devi in another – were named in an FIR relating to offences under Sections 498‑A and 302 of the Indian Penal Code, alleged to have assisted the main accused in the death of the informant’s sister. They contended that the allegations were vague, omnibus and based merely on their relationship as relatives of the second wife of the accused, and asserted a clean antecedent. The State opposed their anticipatory bail, claiming active participation in the crime. The Court examined the nature of the allegations and found them to be general and remote, noting the petitioners’ lack of direct involvement. Consequently, the Court granted anticipatory bail, directing release on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS. The order was pronounced by Justice Chandra Shekhar Jha.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the allegations under Sections 498‑A and 302 IPC.

Legislation cited

Subjects

  • anticipatory bail
  • Section 498-A
  • Section 302
  • dowry harassment
  • murder
  • general allegations
  • bail conditions
  • Indian Penal Code
  • Criminal Procedure Code

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.71010 of 2024
                  Arising Out of PS. Case No.-142 Year-2022 Thana- NIMCHAKBATHANI District- Gaya
                 ======================================================
           1.     Suraj Kumar @ Surajdev Prasad S/o Late Shyamdev Mahto R/o vill - Sudhi,
                  P.S. - Islampur, Distt. - Nalanda
           2.    Sunaina Devi W/o Late Shyamdev Mahto R/o vill - Sudhi, P.S. - Islampur,
                 Distt. - Nalanda
                                                                      ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar
           2.     Surendra Prasad S/o Krishna Mahto R/o vill - Sudhi, P.S. - Islampur, Distt. -
                  Nalanda
                                                                       ... ... Opposite Party/s
                 ======================================================
                                                       with
                            CRIMINAL MISCELLANEOUS No. 74719 of 2024
                  Arising Out of PS. Case No.-142 Year-2022 Thana- NIMCHAKBATHANI District- Gaya
                 ======================================================
           1.     Anandev Mahto @ Ananddev Mahto @ Daroga Mahto S/o Late Ramsharan
                  Mahto R/o Village- Neemthu, P.S.- Neemchak Banthani, District- Gaya
           2.    Shanti Devi W/o Rahul Kumar R/o Village- Neemthu, P.S.- Neemchak
                 Banthani, District- Gaya
                                                                   ... ... Petitioner/s
                                             Versus
           1.    The State of Bihar
           2.     Surendra Prasad Son of Krishna Mahto Resident of Village - Pachlowa, P.S.
                  - Islampur, District - Nalanda
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 71010 of 2024)
                 For the Petitioner/s     : Mr. Prithivi Raj Singh, Adv
                 For the Opposite Party/s : Mr. Shantanu Kumar, APP
                 (In CRIMINAL MISCELLANEOUS No. 74719 of 2024)
                 For the Petitioner/s     : Mr. Prithivi Raj Singh, Adv
                 For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   19-01-2026                CRIMINAL MISCELLANEOUS No.71010 of 2024

                              Heard the parties.

                              2. Both petitioners are named in the F.I.R. and are
Patna High Court CR. MISC. No.71010 of 2024(3) dt.19-01-2026
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          apprehending their arrest in connection with Neemchak Bathani

          P.S. Case No. 142 of 2022 registered for the offences punishable

          under Sections 498-A and 302 of the Indian Penal Code.

                       3. The allegation against petitioners is to help the main

          co-accused, who is the husband of petitioner Rahul Kumar to cause

          death of sister of informant (first wife) with whom he married in

          the year 2010.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that both petitioners implicated with the

          present case in very general and omnibus manner for the simple

          reason being brother and mother of Shanti Devi second wife of

          Rahul Kumar. It is pointed put that admittedly both petitioners

          were living separately and out of suicide of the sister of informant

          present false implication was raised. While concluding argument, it

          is submitted that above named petitioners are of clean antecedent.

                       5. Learned APP duly assisted by learned counsel for the

          informant while opposing the prayer of anticipatory bail submitted

          that both petitioners actively participated in the occurrence.

                       6. In view of aforesaid factual submission and by taking

          note of fact as petitioners appears to be implicated only being

          relatives of second wife with very general and omnibus allegation,

          accordingly both above named petitioners, in the event of their
Patna High Court CR. MISC. No.71010 of 2024(3) dt.19-01-2026
                                            3/5




          arrest or surrender before the trial court within a period of four

          weeks, are directed to be released on bail, furnishing bail bond of

          Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned J.M. 1 st Class,

          Gaya/concerned Court, where the case is pending in connection

          with Neemchak Bathani P.S. Case No. 142 of 2022, subject to the

          conditions as laid down under Section 438(2) of the Cr.P.C/

          Section 482(2) of BNSS.




                       CRIMINAL MISCELLANEOUS No.74719 of 2024

                       Heard the parties.

                       2. Both petitioners are named in the F.I.R. and are

          apprehending their arrest in connection with Neemchak Bathani

          P.S. Case No. 142 of 2022 registered for the offences punishable

          under Sections 498-A and 302 of the Indian Penal Code.

                       3. The allegation against petitioners is to help the main

          co-accused, who is the husband of petitioner Rahul Kumar to cause

          death of sister of informant (first wife) with whom he married in

          the year 2010.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that due to non-fulfillment of demand of

          dowry as raised for cash of Rs. 50,000/- sister of informant was
Patna High Court CR. MISC. No.71010 of 2024(3) dt.19-01-2026
                                            4/5




          forced to consume poision. It is submitted that marriage of

          deceased sister of informant was solemnized with Rahul Kumar

          son of petitioner no. 1 in the year 2010 and as there was no issue

          from said marriage, under consent he solemnized second marriage

          with petitioner no. 2 in the year 2013-14. They were living happily

          and only in the year 2022 i.e., after 9 years when out of certain

          domestic quarrel son of petitioner no. 1 was beaten petitioner no.

          2, deceased wife came to save her and when she failed to

          persuade Rahul Kumar she consumed celphos due to which she

          died. It was stated that after her death family members of

          deceased wife created ruckus and in planned and formulated

          manner after about 12 years of marriage raised allegation in the

          background of dowry demand which is not appears convincing.

                       5. Arguing further, it is submitted that petitioner no. 1 is

          the father and petitioner no. 2 is second wife of petitioner with

          whom he married in the year 2013 implicated without any reason.

          While concluding argument, it is submitted that above named

          petitioners are of clean antecedent.

                       6. Learned APP duly assisted by learned counsel for the

          informant while opposing the prayer of anticipatory bail submitted

          that both petitioners actively participated in the occurrence.

                       7. In view of aforesaid factual submission and by taking
               Patna High Court CR. MISC. No.71010 of 2024(3) dt.19-01-2026
                                                           5/5




                         note of fact as allegation against petitioners appears raised in very

                         general and omnibus manner, where marriage of the husband of

                         deceased was solemnized with petitioner no. 2 in 2013-14 itself,

                         as submitted aforesaid and also demand of dowry as raised

                         through present FIR appears very much remote qua occurrence,

                         accordingly both above named petitioners, in the event of their

                         arrest or surrender before the trial court within a period of four

                         weeks, are directed to be released on bail, furnishing bail bond of

                         Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount each to the satisfaction of the learned J.M. 1 st Class,

                         Gaya/concerned Court, where the case is pending in connection

                         with Neemchak Bathani P.S. Case No. 142 of 2022, subject to the

                         conditions as laid down under Section 438(2) of the Cr.P.C/

                         Section 482(2) of BNSS.


                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-
U       T


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