Patna High Court
Bigu PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that, in view of the petitioner’s clean antecedent and the lack of specific allegations against him, bail is warranted.
Summary
Bigu Prasad was arrested on 4 May 2025 in connection with a dowry‑death case (Sangrampur P.S. Case No. 152 of 2025) under Sections 80 and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that he, along with co‑accused, was responsible for the death of the victim’s daughter due to non‑payment of dowry. The petitioner contended that he has a clean antecedent, that the FIR contains no specific allegation of assault, overt act or dowry demand against him, and that the charge sheet was filed only after his detention. The learned Additional Public Prosecutor opposed bail. The Court, after considering the lack of specific allegations and the petitioner’s clean record, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under Sections 80 and 3(5) of the Bharatiya Nyay Sanhita, 2023 in a dowry‑death case.
- Whether the absence of specific allegations of assault or dowry demand against the petitioner justifies bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence or influencing witnesses.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- Bharatiya Nyay Sanhita
- criminal procedure
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76612 of 2025
Arising Out of PS. Case No.-152 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
Bigu Prasad S/o Dev Sah R/o Vill.- Uttari Bhawani, P.S.- Sangrampur,
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 : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Madhurendra Kumar, learned counsel
for the petitioner as well as Ms. Renu Kumari, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.05.2025 in connection with Sangrampur P.S. Case No. 152 of
2025, F.I.R. dated 03.05.2025 for the offences punishable under
Sections 80 and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioner along with other co-accused person
are responsible for the death of her daughter due to non-
fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.76612 of 2025(3) dt.21-01-2026
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implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. From bare perusal of the
FIR it appears that there is no specific allegation of assault or
overt act or demand of dowry against him rather there is general
and omnibus allegation against him and husband of the
deceased,who happens to be son of the petitioner is in judicial
custody since 12.12.2025. He further submits that the police
after investigation submitted the charge sheet on 28.06.2025 and
the petitioner is in custody since 04.05.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is no specific
allegation of assault or overt act or demand of dowry against
him and husband of the deceased in judicial custody since
12.12.2025, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned C.J.M., Motihari, East Champaran in connection with
Sangrampur P.S. Case No. 152 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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