Patna High Court
Jitendra Pandey @ Mallu PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs. 10,000 each with two sureties.
Summary
The petitioners, Jitendra Pandey and Sarita Devi, father‑in‑law and mother‑in‑law of the deceased, were charged under Sections 80(2) and 3(5) of the B.N.S. for allegedly torturing and killing the informant's sister over a dowry demand. They contended that the FIR was based on vague, omnibus allegations and that the deceased had actually committed suicide due to marital discord, asserting no criminal antecedents and offering to cooperate with the trial. The State and the informant’s counsel opposed bail, arguing the petitioners were complicit in the death. The Court noted that the primary accused, the husband of the deceased, was already in custody and that the allegations against the petitioners were general, not specific. Consequently, the Court granted bail to the petitioners on a bond of Rs. 10,000 each with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Banka.
Issues considered
- What is the appropriateness of granting bail to the petitioners under Sections 80(2) and 3(5) of the B.N.S. given the nature of the allegations?
Legislation cited
- B.N.S. — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- general allegations
- omnibus allegations
- Criminal Procedure Code
- Sections 80(2)
- Section 3(5)
- B.N.S.
- father‑in‑law
- mother‑in‑law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74943 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- CHANDAN District- Banka
======================================================
1. Jitendra Pandey @ Mallu Pandey S/O Late Devi Pandey R/O Pande Dih,
P.S.- Chandan, Dist.- Banka
2. Sarita Devi @ Ful Devi W/O Jitendra Pandey @ Mallu Pandey R/O Pande
Dih, P.S.- Chandan, Dist.- Banka
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. Mithilesh Kumar Upadhyay, Advocate
: Mr. Manjesh Raj, Advocate
: Mr. Raju Prasad, Advocate
For the State : Mr. Md. Matloob Rab, APP
For the Informant : Mr. Rajesh Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 13-02-2026 Heard learned Senior counsel for the petitioners,
learned APP for the State and learned counsel for the informant.
2. The petitioners seeks bail in a case registered for
the offence punishable under Sections 80(2) and 3(5) of the
B.N.S.
3. As per the prosecution case, the petitioners along
with other co-accused persons are said to have tortured and
killed the sister of the informant due to non-fulfillment of
dowry demand.
4. Learned Senior counsel for the petitioners has
submitted that the First Information Report is based on
Patna High Court CR. MISC. No.74943 of 2025(5) dt.13-02-2026
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suspicion and general and omnibus allegations have been made
against all the accused persons including present petitioners,
who happen to be the father-in-law and mother-in-law of the
deceased. It has further been submitted that as a matter of fact,
deceased had committed suicide and it is on account of some
matrimonial discord and these petitioners are nowhere
responsible for the alleged offence. It is also a fact that the
sisters-in-law of the deceased were also made accused in this
case against whom the police has not proceeded while filing
chare-sheet. The petitioners are in custody since 14.06.2025
and they have no criminal antecedents and they also undertake
to cooperate in the trial. It has been specifically submitted that
the husband of the deceased is in custody and his bail
application was also rejected by the learned Court below by the
same order dated 26.08.2025.
5. Learned APP for the State as well as learned
counsel for the informant have vehemently opposed the grant
of bail. Learned counsel for the informant submits that these
petitioners are also responsible for causing the death of the
deceased.
6. Taking into consideration the facts and
circumstances and considering the fact that there are general
Patna High Court CR. MISC. No.74943 of 2025(5) dt.13-02-2026
3/3
and omnibus allegations against the petitioner, who are in-laws
and the husband of the deceased, who is primarily responsible
for the welfare of the wife is already in custody, let the above
named petitioners, be released on bail on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Banka/concerned Court below in
connection with Chandan Nagar P.S. Case No. 62 of 2025.
(Soni Shrivastava, J)
anand/-
U T
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