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Patna High Court

Ganga Prajapati @ Ganga Ram KumharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, directing release on bail bonds subject to Section 482(2) conditions.

Summary

Ganga Prajapati and Sharda Devi, the father‑in‑law and mother‑in‑law of a deceased woman, applied for anticipatory bail in a case registered under Sections 80(2) and 3(5) of the B.N.S. The informant alleged that after a dowry dispute the accused strangulated his daughter, who later was found dead by asphyxia. The petitioners contended that they were falsely implicated, that the informant was not an eye‑witness, and that no prior complaint of dowry harassment existed. They argued that the death could be due to personal frustration and that the allegations against them were vague and omnibus. The State opposed the bail, but the Court, after considering the submissions, directed that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioners can be granted anticipatory bail in a case alleging dowry‑related homicide.
  • Whether the material on record establishes a prima facie case against the petitioners.
  • Whether the presumption of dowry death applies to the father‑in‑law and mother‑in‑law.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • presumption of guilt
  • Section 80
  • Section 3
  • Section 482
  • bail bond
  • asphyxia
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81516 of 2025
                       Arising Out of PS. Case No.-184 Year-2025 Thana- CHENARI District- Rohtas
                 ======================================================
           1.     Ganga Prajapati @ Ganga Ram Kumhar S/o- Late Ram Kishun Kumhar
                  R/v- Ugahani Ps- Chenari Dist- Rohtas
           2.    Sharda Devi W/o- Ganga Prajapati @ Ganga Ram Kumhar R/v- Ugahani Ps-
                 Chenari Dist- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Adya Pandey
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 80(2) and 3(5) of the B.N.S.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and the

                   informant alleges that his daughter was married to Vikash in the

                   Year 2021, after marriage a female child was born and couple

                   were leading a happy conjugal life but after the birth of the

                   child, the accused persons started demanding dowry and

                   ornaments and used to torture for non-fulfilment of the demand.
Patna High Court CR. MISC. No.81516 of 2025(2) dt.13-01-2026
                                            2/4




          It is next alleged that on 05.05.2025 at 7.00 A.M. his son in law

          informed that victim committed suicide. Accordingly, he

          reached the place of occurrence and saw the dead body of his

          daughter, thus alleges that the accused persons killed his

          daughter by strangulating her.

                       4. The learned counsel for the petitioners submits that

          petitioners, being father in-law and mother in-law, have been

          falsely implicated in the instant case by the informant. It is next

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that informant is not an eye witness to

          the occurrence and the entire allegation hinges around

          suspicion. It is also submitted that the marriage of the deceased

          with Vikash was performed in the Year 2021 and in between

          2021 till institution of the instant FIR, no case ever came to be

          instituted either by the victim or the informant alleging torture

          for non-fulfilment of demand of dowry. It is also submitted that

          from perusal of the allegation as alleged in the FIR, it would

          manifest that informant himself alleges that couple were leading

          a peaceful conjugal life and out of the wedlock, a child was

          born. It is next submitted that when the victim married Vikash in

          the Year 2021, she was an Intermediate, but then, Vikash and the

          family members propelled her to continue with her further study
Patna High Court CR. MISC. No.81516 of 2025(2) dt.13-01-2026
                                            3/4




          and she completed her graduation and also appeared in

          competitive examination, but then, she was not selected which

          gave rise to frustration and it might by a probability that on

          account of such frustration the victim committed suicide. It is

          also submitted that even presuming what has been alleged is

          true without admitting then allegation of demand of dowry and

          torture against the petitioner is general and omnibus in nature. It

          is next submitted no doubt, the victim died within seven years of

          marriage, as such, presumption in law is against the husband

          and his family members, but then, all deaths are not dowry

          deaths. It is also submitted that whenever any dispute arises in

          between the husband and wife and the occurrence of the nature

          as alleged takes place, the entire family members are implicated

          in a mechanical manner with general and omnibus allegation. It

          is also submitted that had the petitioners participated in the

          occurrence, in that event, efforts would have been made to

          dispose of the dead body with a view to conceal evidence, but

          then, the dead body was sent for post mortem for ascertaining

          the cause of death and post mortem records the cause of death as

          asphyxia. It is also submitted that petitioners will not abscond

          rather will cooperate in the investigation to prove their

          innocence. It is also submitted that husband of the deceased is in
               Patna High Court CR. MISC. No.81516 of 2025(2) dt.13-01-2026
                                                           4/4




                         custody.

                                      5. Learned A.P.P. opposes the anticipatory bail

                         application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioners, the petitioners, above-named, in the

                         event of their arrest or surrender before the learned Court below

                         within a period of six weeks, are directed to be released on

                         anticipatory bail on their furnishing bail-bonds in the sum of Rs.

                         10,000/- (Rupees Ten Thousand) each with two sureties of the

                         like amount each to the satisfaction of the learned Trial Court

                         where the case is pending/successor Court in connection with

                         Chenari P. S. Case No.184 of 2025, subject to the conditions

                         laid down under Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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