Patna High Court

Amit KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The petitioners are entitled to anticipatory bail subject to the conditions prescribed under Section 482(2) of the BNSS.

Summary

Amit Kumar and Kiran Devi petitioned the Patna High Court for anticipatory bail in a dowry‑death case (Bikram P.S. Case No. 223 of 2025) filed under Sections 80, 238 and 3(5) of the BNS. The prosecution alleged that they were involved in the death of the informant’s daughter, while the petitioners claimed innocence, stating they were only relatives of the deceased and had no involvement. They highlighted the husband’s custodial status, lack of any criminal antecedent, and their willingness to cooperate with the investigation. The State opposed the bail, but the Court, after considering the submissions, ordered that the petitioners be released on bail if arrested or surrendered within six weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order effectively granted anticipatory bail with specified safeguards.

Issues considered

Whether the petitioners are entitled to anticipatory bail in the dowry‑death case under Sections 80, 238 and 3(5) of the BNS

Legislation cited

BNS — s. 238, 3(5), 80
BNSS — s. 482(2)

Subjects

anticipatory bail
dowry death
Section 80
Section 238
Section 3(5)
Section 482(2)
bail conditions
Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81233 of 2025
                        Arising Out of PS. Case No.-223 Year-2025 Thana- BIKRAM District- Patna
                 ======================================================
           1.     Amit Kumar Son of Manoj Prasad R/o Udarchak, P.S.- Bikram, District -
                  Patna.
           2.    Kiran Devi Wife of Manoj Prasad R/o Udarchak, P.S.- Bikram, District -
                 Patna.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ram Niwas Prasad, Advocate
                 For the State           :        Mr. Madan Kumar, APP
                 For the Informant       :        Mr. Bhaskar Shankar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   08-01-2026                      Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. The petitioners apprehend their arrest in connection

                   with Bikram P.S. Case No. 223 of 2025 instituted under

                   Sections 80, 238 & 3(5) of the BNS.

                                 3. As per the prosecution case, the accused persons

                   including the petitioners committed dowry death of the daughter

                   of the informant.

                                 4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have been falsely implicated in this

                   case only on the basis of suspicion. He further submits that the

                   petitioner no.1 is brother-in-law and petitioner no.2 is mother-
          Patna High Court CR. MISC. No.81233 of 2025(2) dt.08-01-2026
                                                      2/2




                    in-law of the deceased and they have no concern with the affairs

                    of the deceased and her husband. He submits that the minor

                    children of the deceased are with father-in-law and mother-in-

                    law of the deceased who are taking care of them. He further

                    submits that the husband of the deceased is in judicial custody

                    since 30.10.2025. He further submits that the petitioners have no

                    criminal antecedent and they undertake to cooperate in the trial

                    and investigation and also undertake not to temper with the

                    evidence.

                                 5. Learned A.P.P. for the State opposes the prayer for

                    anticipatory bail.

                                 6. Considering the facts and circumstances of the case

                    and submissions 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/- (Rupees Ten Thousand) each with two

                    sureties of the like amount to each to the satisfaction of the

                    learned A.C.J.M.-VI, Danapur, Patna in connection with Bikram

                    P.S. Case No. 223 of 2025, subject to the conditions laid down

                    in Section 482(2) of the BNSS.


                                            (Sunil Dutta Mishra, J)
AjayMishra/-
U     T

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