Patna High Court
Ganga Prajapati @ Ganga Ram KumharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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.
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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
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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
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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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