Patna High Court
Suraj Kumar @ Surajdev PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 302, 498-A
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
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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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