Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner subject to a bond, sureties and conditions under Section 482(2) of the BNSS.
Summary
Manoj Kumar, the father‑in‑law of a woman who died in a dowry‑related case, sought anticipatory bail after learning that he might be arrested under Sections 80, 238 and 3(5) of the BNS. The prosecution alleged his involvement in the dowry death, while the petitioner contended that he was falsely implicated, had no criminal antecedent, and that the deceased’s husband was already in judicial custody. The petitioner’s counsel argued that the suspicion alone should not justify denial of bail and that he would cooperate with the investigation. The State opposed the bail, asserting the seriousness of the charges. Considering the circumstances, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 80, 238 and 3(5) of the BNS.
- Whether the petitioner is likely to tamper with evidence or influence the investigation.
- Whether the conditions prescribed under Section 482(2) of the BNSS justify the grant of bail.
Legislation cited
Subjects
- anticipatory bail
- dowry death
- false implication
- Section 80
- Section 238
- Section 3(5)
- Section 482
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81248 of 2025
Arising Out of PS. Case No.-223 Year-2025 Thana- BIKRAM District- Patna
======================================================
Manoj Kumar Son of Rajnath Singh R/o Village - 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 Opposite Party/s : 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 petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehend his 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 petitioner committed dowry death of the daughter
of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case only on the basis of suspicion. He further submits that the
petitioner is father-in-law of the deceased and he has no concern
with the affairs of the deceased and her husband. He submits
Patna High Court CR. MISC. No.81248 of 2025(2) dt.08-01-2026
2/2
that the minor children of the deceased are with the 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
petitioner has no criminal antecedent and he undertakes to
cooperate in the trial and investigation and also undertakes 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 petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) 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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