Patna High Court
Santu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Santu Kumar and Puspa Devi, feared arrest in a case (Paliganj PS Case No.279 of 2025) alleging dowry harassment and murder under Sections 126(2), 115(2), 80, 85 and 3(5) of the B.N.S. The prosecution’s informant claimed the deceased’s marriage was followed by torture, harassment for dowry and eventual murder, while the petitioners asserted they were innocent relatives (Dewar and Gotni) with no involvement and clean antecedents. They argued the informant was not an eye‑witness and the dowry allegation was vague, noting the deceased had committed suicide and the husband was already in custody. The State opposed the grant of anticipatory bail. Considering the general and omnibus nature of the accusation, the petitioners’ clean record and lack of specific evidence, the Court allowed anticipatory bail under Section 482(2) of the B.N.S.S., directing them to furnish a bail‑bond of Rs.10,000 with two sureties each.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the vague dowry‑harassment allegations
- Whether the petitioners’ relationship to the deceased and lack of specific evidence justify bail
Legislation cited
Subjects
- anticipatory bail
- dowry harassment
- murder
- Section 482
- high court order
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7841 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- PALIGANJ District- Patna
======================================================
1. Santu Kumar S/O Late Shivji Yadav R/o- Village- Bela, P.s- Paliganj Dist-
Patna
2. Puspa Devi @ Puspa Kumari W/O Santosh Kumar R/o- Village- Bela, P.s-
Paliganj Dist-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Vijay Kumar Singh, Advocate
For the State : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 80, 85 and 3(5) of the B.N.S..
3. As per prosecution case, informant alleged that
marriage of his daughter was solemnized with co-accused
Mantosh Kumar as per Hindu rites and rituals and thereafter, all
the F.I.R. named accused persons, including these petitioners,
committed torture and harassment with the victim due to non-
fulfillment of demand of dowry and subsequently, all the
accused persons committed murder of the victim.
Patna High Court CR. MISC. No.7841 of 2026(2) dt.20-02-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely because Petitioner No. 1 happens
to be Dewar and Petitioner No. 2 happens to be Gotni of the
deceased. Petitioners are separate in mess and property and have
got no concern with the affairs of the deceased and her husband.
Informant is not an eye witness of the alleged occurrence.
Allegation of demand of dowry is general and omnibus and no
specific accusation of overt act has been alleged against this
petitioner. As a matter of fact, the deceased committed suicide.
Thrust of accusation is against husband of deceased who is
already in custody since 05.08.2025. Petitioners claim clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
Patna High Court CR. MISC. No.7841 of 2026(2) dt.20-02-2026
3/3
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned S.D.J.M., Danapur,
Patna in connection with Paliganj P.S. Case No. 279 of 2025,
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…