Patna High Court
Pappu Rai @ Pappu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners subject to the conditions imposed under Section 482 of the B.N.S.S., 2023.
Summary
The petitioners, who are relatives of a woman killed in a dowry‑related incident, sought anticipatory bail fearing arrest in a case registered under Section 80 and Section 3(5) of the B.N.S. The prosecution alleged that the deceased's husband and co‑accused were responsible for her death, while the petitioners claimed they had no involvement in the family dispute. The State opposed the bail, arguing that the petitioners might be implicated in the dowry death. The court examined the petitioners' claim of being separate in mess and property and found no direct evidence linking them to the offence. Relying on the provisions of Section 80 and the discretion under Section 482 of the B.N.S.S., 2023, the court decided to grant anticipatory bail with conditions. The bail order required each petitioner to furnish a bail bond of Rs.10,000 with two sureties and to surrender within eight weeks if arrested.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 80 of the B.N.S. in view of the dowry death allegations
- Whether the discretion under Section 482 of the B.N.S.S., 2023 permits the court to grant bail despite the seriousness of the alleged offence
Legislation cited
- B.N.S. — s. 3(5), 80
- B.N.S.S., 2023 — s. 482
Subjects
- anticipatory bail
- dowry death
- Section 80
- Section 482
- criminal procedure
- bail conditions
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8493 of 2026
Arising Out of PS. Case No.-1481 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
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1. Pappu Rai @ Pappu Ray S/o Late Chandeshwar Rai Resident of Village-
Bada Jagannath @ Bara Jagarnath, PS- Ahiyapur, District- Muzaffarpur
2. Phul Kumari Devi @ Sita Devi W/o Pappu Rai @ Pappu Ray Resident of
Village- Bada Jagannath @ Bara Jagarnath, PS- Ahiyapur, District-
Muzaffarpur
3. Manisha Kumari W/o Prem Kumar Resident of Village- Bada Jagannath @
Bara Jagarnath, PS- Ahiyapur, District- Muzaffarpur
4. Prem Kumar S/o Pappu Rai @ Pappu Ray Resident of Village- Bada
Jagannath @ Bara Jagarnath, PS- Ahiyapur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Chandra Gandhi
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case,
registered for the offence under Section 80, 3(5) of the B.N.S.
3. As per prosecution case, daughter of informant was
married with co-accused Lav Kumar in the year 2019 and after
the marriage, she was subjected to cruelty and harassment by
the accused persons for dowry and ultimately, on 24.10.2025,
she was killed.
4. Petitioner no. 1 is father-in-law, petitioner no. 2 is
Patna High Court CR. MISC. No.8493 of 2026(2) dt.23-02-2026
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mother-in-law, petitioner no. 3 is brother-in-law (Bhaisur) and
petitioner no. 4 is sister-in-law (Jethani) of the deceased. There
is general and omnibus allegation. Thrust of the accusation is
against husband of the deceased, who is already in custody since
25.10.2025. Petitioners are separate in mess and property and
have got no concern with the family affairs of deceased and her
husband.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of petitioners.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned C.J.M., Muzaffarpur in connection with Ahiyapur P.S.
Case No. 1481 of 2025, subject to condition as laid down under
Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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