Patna High Court
Dinesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners, finding no material justification for their arrest.
Summary
The petitioners – Dinesh Rai, his wife Panchiya Devi and their daughter Sarita Kumari – sought anticipatory bail in a case registered under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita concerning the alleged dowry‑related murder of their daughter‑in‑law. The prosecution’s case was based on a complaint that the deceased’s husband, already in custody, had killed her after subjecting her to cruelty and harassment for dowry. The petitioners argued that they were merely the father‑in‑law, mother‑in‑law and sister‑in‑law of the deceased, had no involvement in the family affairs, and that the deceased had actually committed suicide. The court examined the post‑mortem report, the clean antecedents of the petitioners, and the lack of any direct evidence linking them to the alleged offence. Finding the allegations against them to be a general and omnibus claim without substantive basis, the court granted anticipatory bail subject to standard conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita.
- Whether there exists sufficient material to justify the arrest of the petitioners.
- Whether the allegations against the petitioners constitute a specific charge or a mere omnibus accusation.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 3(5), 80
Subjects
- anticipatory bail
- dowry harassment
- suicide
- omnibus allegation
- Section 80
- Section 3(5)
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73170 of 2025
Arising Out of PS. Case No.-312 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
1. Dinesh Rai, S/O Late Fuldeo Rai @ Phuldev rai R/O Vill.- Devpur Nanhkar,
P.S- Kalyanpur, District- East Champaran
2. Panchiya Devi, W/O Dinesh Rai R/O Vill.- Devpur Nanhkar, P.S-
Kalyanpur, District- East Champaran
3. Sarita Kumari, D/O Dinesh Rai R/O Vill.- Devpur Nanhkar, P.S- Kalyanpur,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 80 and 3(5) of the
Bhartiya Nyaya Sanhita.
3. As per prosecution case, daughter of informant
was married with co-accused Ajeet Kumar 3 years ago and
from the wedlock, one child was born. She alleged that after
birth of 1st daughter, her daughter was subjected to cruelty and
harassment by the accused persons for dowry and ultimately,
one day informant received an information that the accused
persons had killed her daughter.
4. Learned counsel for the petitioners submits that
petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-
law, petitioner no. 3 is sister-in-law of the deceased. There is
Patna High Court CR. MISC. No.73170 of 2025(3) dt.13-01-2026
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general and omnibus allegation. Thrust of the accusation is
against husband of the deceased, who is already in custody.
Petitioners are separate in mess and property and have got no
concern with the family affairs of deceased and her husband.
As a matter of fact the deceased committed suicide.
5. Learned A.P.P. for the State opposed the bail
petition of the petitioners.
6. Considering the post-mortem report and clean
antecedent, the prayer for anticipatory bail of petitioners is
allowed. Let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned C.J.M., East Champaran at Motihari in
connection with Kalyanpur P.S. Case No. 312 of 2025, subject
to condition as laid down under Section 482 of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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