Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that, given the doubts about the cause of death and the petitioners’ clean record, anticipatory bail could be granted under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners – Vikash Kumar, Soni Kumari and Sarita Devi – applied for anticipatory bail in a case where they were implicated under IPC sections 304B, 328, 302, 201, 120B and 34 for the alleged dowry‑related death of the informant’s sister. The prosecution alleged that the victim was poisoned after a dowry demand was not met, while the defence highlighted that the death occurred twelve years earlier, the post‑mortem indicated a snake bite and forensic reports showed contradictory evidence of aluminum phosphide, creating doubt about the cause of death. The petitioners, who are relatives of the victim’s husband, have no criminal antecedents and claim they were falsely implicated. The State opposed the grant of anticipatory bail. After weighing the doubtful evidence and the petitioners’ clean record, the court granted anticipatory bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, subject to a bail bond of Rs.10,000 and two sureties, with the condition that they surrender within six weeks if arrested.
Issues considered
- Whether Section 304B IPC is applicable to a death that occurred twelve years earlier.
- Whether anticipatory bail can be granted in a case involving alleged dowry death and multiple IPC charges.
- Whether the doubts raised about the cause of death and lack of criminal antecedent justify bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 120B, 201, 302, 304B, 328, 34
Subjects
- anticipatory bail
- dowry death
- IPC
- Bharatiya Nagrik Suraksha Sanhita
- Section 304B
- Section 482
- forensic evidence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78388 of 2025
Arising Out of PS. Case No.-140 Year-2023 Thana- RAJEPUR District- East Champaran
======================================================
1. Vikash Kumar S/o Yogendra Sah R/o Village - Madhuaha Brit, P.S - Rajepur,
District - East Champaran
2. Soni Kumari D/o Yogendra Sah R/o Village - Madhuaha Brit, P.S - Rajepur,
District - East Champaran
3. Sarita Devi W/o Yogendra Shatrudhan Sah D/o Yogendra Sah, R/o Village -
Parsa, P.S - Dhaka, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Rajepur P.S. Case No. 140 of 2023, instituted under
Sections 304(B), 328, 302, 201, 120(B), 34 of the Indian Penal
Code.
3. As per the prosecution case, sister of the informant
was married with the co-accused, namely Satyendra Shah in the
year 2011 and due to non-fulfillment of dowry demand sister of
the informant was killed by administering her poison by the
accused persons including the petitioners.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.78388 of 2025(2) dt.05-01-2026
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case being family members of the husband of the victim.
Petitioner No. 1 is brother, Petitioner No. 2 is unmarried sister
and Petitioner No. 3 is married sister of the husband of the
victim. Learned counsel submits that death of the victim was
taken place after about 12 years and Section 304(B) of the I.P.C.
is not applicable in the present case. Sister of the informant was
taken to hospital for treatment regarding suspected snake bite
and the post-mortem report also shows snake bite on the body of
the deceased, however, in F.S.L. report Aluminum Phosphide
was detected in the food of the victim which is contrary to the
post-mortem report. There is doubt over the cause of death. It is
further submitted that petitioners have no concern with the
family affairs of the victim and her husband. Husband of the
victim, namely Satyendra Shah and her father-in-law, namely
Yogendra Shah have been granted regular bail by Co-ordinate
Benches of this Court, vide order dated 06.08.2025 passed in Cr.
Misc. No. 20893 of 2025 and order dated 22.05.2024 passed in
Cr. Misc. No. 15855 of 2024 respectively. Petitioners have no
criminal antecedents. Petitioners undertake to co-operate in the
investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
Patna High Court CR. MISC. No.78388 of 2025(2) dt.05-01-2026
3/3
6. Considering the facts and circumstances of the
case and submission of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, East Champaran, Motihari in
connection with Rajepur P.S. Case No. 140 of 2023, subject to
the conditions laid down in Section 482 (2) of the Bharatiya
Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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