Patna High Court

Krishna MahtoversusThe State of Bihar

Decided: 13 March 2026
Disposal: PARTLY ALLOWED (DISPOSAL)
Bench: SANDEEP KUMAR

Holding

Bail was granted to petitioners No.2 and No.3 subject to the conditions prescribed under Section 482 of the B.N.S., 2023 and Section 438(2) of the CrPC, 1973.

Summary

The petitioners, Krishna Mahto, Sonu Mahto and Kiran Devi, applied for bail in connection with a dowry‑related murder case (Dariyapur P.S. Case No.449 of 2025) under sections 80/3(5) of the B.N.S., 2023. The petitioners sought to withdraw the bail application for Krishna Mahto, which the court dismissed, leaving the application to pertain only to Sonu Mahto and Kiran Devi. The court noted that the latter two are the brother‑in‑law and sister‑in‑law of the deceased and that only a general and omnibus allegation exists against them. Considering their familial relationship and the nature of the allegations, the court allowed the bail application. Accordingly, the court ordered that, if arrested or surrendered within six weeks, Sonu Mahto and Kiran Devi be released on bail with a bond of Rs.10,000 each and two sureties, subject to the conditions of Section 482 of the B.N.S. and Section 438(2) of the CrPC, 1973.

Issues considered

Whether bail can be granted to the accused under Section 438(2) of the CrPC and Section 482 of the B.N.S., 2023 in a dowry‑death murder case with only general and omnibus allegations.
Whether the withdrawal of the bail application for petitioner No.1 affects the bail consideration for petitioners No.2 and No.3.

Legislation cited

B.N.S., 2023 — s. 3(5), 482, 80
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
dowry death
murder
Section 438 CrPC
Section 482 B.N.S.
general and omnibus allegation
family relationship

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81304 of 2025
                      Arising Out of PS. Case No.-449 Year-2025 Thana- DARIYAPUR District- Saran
                 ======================================================
           1.     Krishna Mahto son of Badari Mahto.
           2.    Sonu Mahto son of krishna Mahto.
           3.    Kiran Devi @ Kiran Kumari Wife of Sonu Mahto.
                        All are resident of Village -Tarwan Mangarpal, PO - Tarwan
                 Mangarpal, Ps- Dariyapur, Dist- Saran

                                                                                      ... ... Petitioners
                                                          Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners        :         Mr. Prabhat Kumar Singh, Advocate
                 For the State              :         Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   13-03-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                       2.       At the outset, learned counsel for the

                   petitioners seeks permission to withdraw this bail application

                   on behalf of petitioner no.1, above named.

                                       3.       Accordingly,       this    bail   application       is

                   dismissed as against the petitioner no.1, above named. Now,

                   this bail application is restricted to petitioner nos. 2 and 3.

                                       4.       The    petitioners        apprehend      arrest     in

                   connection with Dariyapur P.S. Case No.449 of 2025 registered

                   for the offence under sections 80/3(5) of the B.N.S., 2023.

                                       5.       The petitioners and others are said to have
            Patna High Court CR. MISC. No.81304 of 2025(3) dt.13-03-2026
                                                        2/2




                      killed the daughter of the informant for demand of dowry.

                                      6.      It has been submitted by learned counsel for

                      the petitioner that the petitioner nos. 2 is the brother-in-law and

                      petitioner no.3 is the sister-in-law of the deceased and there is

                      general and omnibus allegation against them.

                                      7.      Considering         the      relationship   of   the

                      petitioner nos. 2 and 3 with the deceased and also the fact that

                      there is general and omnibus allegation against them, this

                      application is allowed.

                                      8.      Accordingly, in the event of arrest or

                      surrender before the Court below within six weeks from today,

                      the petitioner nos. 2 and 3, above named, 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

                      the learned Chief Judicial Magistrate, Saran at Chapra /

                      concerned Court below, in connection with Dariyapur P.S. Case

                      No.449 of 2025, subject to the conditions laid down in Section

                      482 of the BNSS / 438(2) of the Code of Criminal Procedure,

                      1973.


                                                                 (Sandeep Kumar, J)

pawan/-
U       T

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