Patna High Court

Basant RamversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted because the principal accused is already in custody and the allegations against the petitioners are vague and omnibus, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Basant Ram and Saraswati Devi, sought anticipatory bail in a dowry death case where the deceased's husband is already in custody. The prosecution alleged that the petitioners, as father‑in‑law and mother‑in‑law, participated in the murder for dowry demands under Section 80(2) of the Bharatiya Nyaya Sanhita. The petitioners contended they had no involvement, maintained clean antecedents, and were victims of over‑implication. The State opposed bail, arguing the seriousness of the offence. The High Court, noting the husband’s custody and the vague, omnibus nature of the allegations, granted anticipatory bail subject to a bail bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Section 80(2) of the Bharatiya Nyaya Sanhita in a dowry death case.
Whether the allegations against the petitioners are sufficient to deny anticipatory bail.
Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable to the bail order.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 80(2)

Subjects

dowry death
anticipatory bail
Section 80(2) BNS
Section 482(2) BNS
criminal procedure
bail
over‑implication

Judgment

                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81920 of 2025
                       Arising Out of PS. Case No.-135 Year-2025 Thana- DUMRAO District- Buxar
               ======================================================
           1 . Basant Ram Son of Late Ramdhyan Ram Resident of Village -Kasiya PS
                -Dumraon District- Buxar
           2.    Saraswati Devi @ Sahato Devi Wife of Basant Ram Resident of Village
                 -Kasiya PS -Dumraon District- Buxar


                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar



                                                                            ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr. Satyapal Singh, Advocate

                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   09-02-2026                      Heard learned counsel for the petitioners informant

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

                                 2. Petitioners apprehend arrest in a case registered for

                   the offence punishable under Section 80(2) of the Bharatiya

                   Nyaya Sanhita.

                                 3 . It is case of dowry death. Prosecution case, in

                   brief, is that all the F.I.R. named accused persons including

                   these petitioners killed the daughter of informant due to non-

                   fulfillment of demand of dowry.
Patna High Court CR. MISC. No.81920 of 2025(3) dt.09-02-2026
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                       4. Learned counsel for the petitioner submits that

          petitioners are innocent and has committed no offence          as

          alleged. Petitioner No. 1 is father-in -law and petitioner No. 2

          is mother-in -law of the deceased and they are simply victim of

          over-implications. Allegation against petitioners are general and

          omnibus. Petitioners are separate in mess and property and has

          got no concern with family affairs of the deceased. He further

          submits that thrust of accusation is against husband of the

          deceased who is already in custody. Petitioners claim clean

          antecedent.

                       5. Learned A.P.P. for the State as well as learned

          counsel for the informant vehemently opposed the bail

          application .

                       6. Considering the fact that husband of the deceased

          in already in custody, this anticipatory bail is allowed and it is

          ordered that let the above named petitioners in the event of his

          arrest/surrender before the court below within a period of eight

          weeks from today, be enlarged on bail on furnishing bail-bond

          of Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of Chief Judicial Magistrate ,

          Buxar in connection with Dumraon P. S. Case No. 135 of 2025 ,

          subject to condition as laid down under Section 482 (2) of
            Patna High Court CR. MISC. No.81920 of 2025(3) dt.09-02-2026
                                                        3/3




                      the Bharatiya Nagarik Suraksha Sanhita, 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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